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2025 DAILYLAW 49374 (ALL)

AJAY YADAV v. THE STATE OF U.P. AND 3 OTHERS

WRIA/5596/2025 · 2025-05-05

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71883 Court No. - 7 Case :- WRIT - A No. - 5596 of 2025 Petitioner :- Ajay Yadav Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.,Nitinjay Pandey Hon'ble Vikram D. Chauhan,J. 1. Heard learned Senior Advocate appearing on behalf of petitioner, Sri Nitinjay Pandey, learned counsel for Caveator and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "(a) A writ order or direction in the nature of certiorari quashing the impugned order dated 7.2.2024 (Annexure-1 to the Writ petition) passed by the Regional Level Regularization Committee headed by the Joint Director of Education, Agra Mandal, Agra, as Chairman, the Respondent no.2 and the impugned order dated 27.1.2025 (Annexure-2 to the Writ petition) passed by the District Inspector of Schools, Mainpuri, the Respondent no.3. (b) A writ order or direction in the nature of Mandamus commanding the Respondent-Authorities to permit the Petitioner to continue on the post till the regular selection is made by the U.P. Secondary Education Service Selection Commission, Prayagraj or by any competent Authority and also to make payment of arrears of salary, as well as, current salary to the Petitioner as and when it comes due, month to month." 3. It is submitted by learned Senior Advocate appearing on behalf of petitioner that claim for regularization of petitioner has been rejected by the impugned order. Petitioner was working as Lecturer and was also officiating Principal of the institution. Learned Senior Advocate submits that the present matter is covered by the order dated 23.4.2025 passed in Special Appeal No.293 of 2025 (State of U.P. and 2 others Vs. Raj Kumari and another). Para 20 of the aforesaid order dated 23.4.2025 is quoted hereinbelow: "20. Special appeal, consequently, succeeds and is allowed. Order passed by learned Single Judge dated 16.5.2024 directing the respondent petitioner to continue in service or receive salary is set aside. Our order, however, will not deprive the respondent petitioner from claiming salary from the Committee of Management but in any way the State Authorities cannot be held responsible for such payment of salary. Our order also will not preclude the respondent/petitioner from seeking any benefit of subsequent Government Order, whereunder she may claim appointment or payment on honorarium basis." 3-A. Learned Senior Advocate appearing on behalf of petitioner further submits that present writ petition may be disposed of in terms of direction issued in above mentioned special appeal. 4. Learned Standing Counsel and learned counsel for Caveator have no objection. 5. In view of above, the writ petition is disposed of in terms of direction issued in para 20 of the Special Appeal No.293 of 2025 (State of U.P. and 2 others Vs. Raj Kumari and another). Order Date :- 6.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad