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2025 DAILYLAW 47745 (ALL)

MANOJ KUMAR SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/5311/2025 · 2025-07-07

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107473 Court No. - 32 Case :- WRIT - A No. - 5311 of 2025 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 14.02.2025 passed by the Director of Education (Secondary) - UP (Annexure 9 to this writ petition) as also the order dated 20.02.2025 issued by the District Inspector of Schools, Deoria (Annexure 10 to this writ petition). (ii) Issue a writ, order or direction of a suitable nature restraining the respondents from taking any action on the basis of the order impugned. (iii) Issue a writ, order or direction of a suitable nature commanding the respondent not to interfere in the working of the petitioner as an Assistant Teacher for Art subject in LT Grade at Sonari Inter College, Sonari, Deoria and to pay the petitioner his regular monthly salary on the said post, regularly, every month. (iv) Issue a writ, order or direction of a suitable nature commanding the respondent to disburse to the petitioner outstanding arrear of salary from Sept. 21 within a period to be specified by this Hon'ble court." 2. Sri Ashok Khare, learned Senior Advocate assisted by Sri Mohd. Yaseen, learned counsel appearing on behalf of the petitioner submitted that the reliefs sought in instant writ has already been granted in Special Appeal (Defective) No.318 of 2025 by Division Bench of this Court vide order dated 14.05.2025, treating the petitioner as a teacher in Arts. It is submitted and prayed that the instant writ petition may also dispose off in light of the finding given by the Division Bench of this Court in aforesaid Special Appeal. 3. The order passed by the Division Bench of this Court in Special Appeal Defective No.318 of 2025 has been placed before this Court. On perusal of said order, it reflects that the controversy has already been settled by the Division Bench of this Court and petitioner was treated as teacher in Arts subject. For ready reference the relevant paragraphs are being quoted below: "9. In that view of the matter, we are of the view that the appellant since was not possessed of B.Ed. qualification, his continuance from 1998, ought to be treated as a teacher in Arts, for which the appellant had the qualification. He would be entitled to continuity of service and other benefits treating his appointment as that of an Arts Teacher. 10. The salary which has already been paid to the appellant for the post of L.T. Grade Teacher, however, shall not be recovered from him, but his future entitlement would be in terms of his initial appointment as that of an Arts Teacher." 4. Taking into consideration of the paragraph nos.9 and 10 of the aforesaid order dated 14.05.2025, I am inclined to dispose of the writ petition treating the petitioner as a teacher in Arts subject. 5. Accordingly, the writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 8.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad