Neutral Citation No. - 2025:AHC:41555 Court No. - 6 Case :- WRIT - A No. - 2785 of 2025 Petitioner :- Jaiveer Singh Parihar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harindra Prasad,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Prabhakar Awasthi, learned counsel for petitioner, Ms. Ms.Shruti Malviya, Brief Holder and perused the record. 2. This petition is filed seeking following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari calling for the records of the case and to quash the impugned order dated 20.09.2024 passed by the Manager of the Institution (Annexure No.1 to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the District Basic Education Officer, Hamirpur to pass necessary orders in term of Rule 11 of 1975, Rules with further direction for making of payment of salary along with arrears of salary within stipulated period of time which may be stipulated by this Hon'ble Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India." 3. The services of the petitioner was terminated by an order dated 20.09.2024 passed by the Manager, Committee of Management, Saraswati Shishu Mandir, Rath, District Hamirpur / respondent no.4. 4. Mr. Prabhakar Awasthi, learned counsel for petitioner refers Rule 11 of the Uttar Pradesh Recognized Basic Schools (Recruitment and Condition of Service of Teachers and other conditions) Rules, 1975 which is cut and pasted that in such cases prior approval of the Basic Shiksha Adhikari is necessary, however, in the present case, no such approval was sought. He also refers a communication dated 11.02.2025 of District Basic Sikhsha Adhikari, Hamirpur to District Magistrate, Hamirpur which also indicates the same. 5. Ms. Shruti Malviya, Brief Holder, submits that the matter be required consideration after giving notice to the concerned authority. 6. Mr. Prabhakar Awasthi, learned counsel for the petitioner submits that at this stage this writ petition can be disposed of that the Basic Shiksha Adhikari may take a decision on the order of termination after hearing all the concerned parties in accordance with law. 7. Ms. Shruti Malviya, Brief Holder has no objection in the aforesaid submission. 8. In the aforesaid circumstances, without going into the merits of the case, this writ petition is disposed of that the District Basic Shiksha Adhikari will decide the matter after hearing all the contesting parties by putting them a notice within a short period. The Basic Shiksha Adhikari will take note that the petitioner would be attend age of superannuation on 31.05.2025. Order Date :- 20.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad