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2025 DAILYLAW 37486 (ALL)

ASHOK KUMAR v. STATE OF U.P. AND OTHERS

WRIA/14685/2009 · 2025-05-01

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70126 Court No. - 6 Case :- WRIT - A No. - 14685 of 2009 Petitioner :- Ashok Kumar Respondent :- State of U.P. and Others Counsel for Petitioner :- Vijay Gautam,Manoj Kumar Singh.,P. Awasthi Counsel for Respondent :- C.S.C.,Achchhey Lal Tiwari,Mukti Nath Dwivedi,V.K.Dixit with Case :- WRIT - A No. - 14689 of 2009 Petitioner :- Seema Shukla Respondent :- State of U.P. and Others Counsel for Petitioner :- Vijay Gautam,Manoj Kumar Singh,R.K.Ojha Counsel for Respondent :- C.S.C.,Achchhey Lal Tiwari,Mukti Nath Dwivedi,V.K.Dixit Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri R.K.Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for petitioners and Sri A.K.Singh Nagwanshi, learned Additional Chief Standing Counsel. 2. Petitioners have claimed that when the concerned institution came into grant-in-aid, their salary was stopped since December, 2006 and despite they were entitled for salary of a trained teacher, but they were not even paid salary of untrained teacher. 3. According to learned Senior Counsel on the basis of subsequent events and judgments, petitioners were exempted to undergo training and they are entitled for salary of trained teachers. 4. Learned Additional Chief Standing Counsel submitted that there is no material before this Court that during pendency of this writ petition i.e. about 16 years, petitioners have worked or not, therefore, at this stage to consider the case of petitioners would not be correct. 5. I have considered the above submissions as well as that age of petitioners must be around 62 years though instructions of learned Senior Counsel are otherwise. 6. In the aforesaid circumstances, since there is no material before this Court and that during pendency of this writ petition whether petitioners have worked or are still working, therefore, in the absence of such material, Court cannot consider the case of the petitioners. 7. This writ petition is disposed of with a direction that case of the petitioners. be considered by the concerned respondent taking note of judgments and circulars placed before this Court and for that petitioners are at liberty to file a fresh representation which will be considered in accordance with law preferably within a period of three months. Order Date :- 2.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad