ABHISHEK KUMR TIWARI AND 83 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/6239/2025 · 2025-05-07
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54825 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54825 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74655 Court No. - 6 Case :- WRIT - A No. - 6239 of 2025 Petitioner :- Abhishek Kumr Tiwari And 83 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Seemant Singh, learned counsel for petitioners and Sri Sanjay Singh, Advocate for Respondents-2 to 4.
2. Learned counsel for petitioner while referring a recent judgment dated 30.04.2025 passed by a Division Bench of this Court in Special Appeal No. 652 of 2024 (Secretary, U.P. Basic Education Board and others vs. Tripurari Dubey and others), Neutral Citation No. 2025:AHC:67382-DB, submits that all the legal impediments for payment of salary to Officiating Headmaster in the pay scale of Head Master are being removed by aforesaid judgment and he refers following paragraph of the judgment:
“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.”
3. Learned counsel appearing for Respondents-2 to 4 has not disputed the above position of law.
4. In aforesaid circumstances, this writ petition is disposed of in terms of aforesaid
judgment passed in Tripurari Dubey (supra).
Order Date :- 8.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad