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2025 DAILYLAW 29619 (ALL)

AJAB SINGH AND 228 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/3298/2025 · 2025-05-08

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75665 Court No. - 6 Case :- WRIT - A No. - 3298 of 2025 Petitioner :- Ajab Singh And 228 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravi Prakash Counsel for Respondent :- C.S.C.,Girijesh Kumar Tripathi Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Ravi Prakash, learned counsel for petitioners and Sri Girijesh Kumar Tripathi, learned counsel for respondents have informed that legal impediment, if any, for salary of Principal to Assistant Teacher while working as In-charge Head Master has been removed by a judgment passed by Division Bench of this Court in Secretary, U.P. Basic Education Board and others vs. Tripurari Dubey and others, 2025:AHC:67382-DB and other connected cases, therefore, this writ petition may be disposed of in terms of above referred judgment. 2. Learned Standing Counsel has no objection if such prayer is considered. 3. Accordingly, this writ petition is disposed of in terms of above referred judgment, specifically paragraph nos. 20 which is quoted below :- "20. In view of the discussions and deliberations held above this bunch of special appeal stands disposed of with following observation: (i) we grant liberty to the concerned District Basic Education Officer to examine and determine the factual issue as to whether the petitioner has experience of five years and has actually been continuing as headmaster of the institution; (ii) if the petitioners have continued for long as headmaster the direction to pay the arrears would only extend up to three years prior to filing of the writ petition; (iii) we also make it open for the District Basic Education Officer to ensure at the district level that only senior assistant teachers are allowed to officiate in the educational institution, as far as, it is possible. This would eliminate possibility of heart burning on account of junior assistant teachers functioning as officiating headmaster; (iv) requisite exercise in this regard shall be undertaken within a period of two months and the amount in term of above determination shall be calculated and released without any further loss of time." Order Date :- 9.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad