CHANDRA PRAKASH AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIA/14038/2023 · 2025-09-03
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45361 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45361 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14038 of 2023 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, Mr. Hare Ram, learned counsel for respondent-BSA. The writ petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 16.05.2023, 11.07.2023 and order dated 07.06.2023 passed by respondent no.2 whereby the claim of the petitioners for providing notional increment has been rejected. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide notional increment to the petitioners and further may be re-fix the pension and other consequential benefit of the petitioners including one year increment." Learned standing counsel emphasized upon paragraph-7 of the petition, which is as follows:-
"The petitioner no.3 was initially appointed as Assistant Teacher on 11.02.1978 in Primary School Kakrai, District - Etawah and thereafter he was promoted on 21.12.1998 as Assistant Teacher in Uchh Pathmik Vidhyalaya, Nagla Chhavinath, District- Etawah and, thereafter, was promoted as Assistant Teacher on 01.01.2009 in Uchh Prathmik Vidhyalaya, Jaswant Nagar, District Etawah and was retired on 30.06.2010 after attaining the age of superannuation." Learned Standing Counsel submits that petitioners are not entitled for the relief as prayed. However, he submits that in case petitioners moves fresh representations, individually, within three weeks for their claim in view of the new circular, the same shall be considered in accordance with law. In view of the aforesaid, no interference is called for. However, it is provided that in case petitioners moves fresh applications/representations, individually, ventilating all their grievances, Versus Counsel for Petitioner(s) : Mahendra Kumar Yadav Counsel for Respondent(s) : C.S.C., Hare Ram Chandra Prakash And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
supported by such documents, as may be advised, before the respondent no.2 District Basic Education Officer, Etawah, within three weeks from today along with a certified copy of this order. On such representation being made, the respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking
order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, from the date of production of certified copy of this order, if there is no legal impediment. Accordingly, the writ petition is disposed of. September 4, 2025 Rahul.
WRIA No. 14038 of 2023 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad