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2025 DAILYLAW 59388 (ALL)

CHANDRA PRAKASH SINGH AND 4 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIA/26118/2018 · 2025-03-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31741 Court No. - 7 Case :- WRIT - A No. - 26118 of 2018 Petitioner :- Chandra Prakash Singh And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dileep Kumar Pandey,Rajeev Kumar Singh Counsel for Respondent :- Arun Kumar,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the parties and perused the record. 2. The petitioners have preferred present writ petition inter-alia with the following prayer:- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorioty concern to adjust the petitioners in any other equivalent Junior High School situated in the same District Gorakhpur on their respective posts on which they were posted in the institution namely Baba Surya Nrayan Das, Laghu Madhyamik Vidyalaya, Sirsiya, Bhathat, Gorakhpur and also pay their regular salary and other benefits w.e.f. month of September, 2018. II . Issue a writ,order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 4 to consider and decide the representation/application of the petitioner dated 19.09.2018 and 29.11.2018 for adjustment the petitioners in any other equivalent Junior High School situated in the same District Gorakhpur on their respective posts on which they were posted in the institution namely Baba Surya Nrayan Das, Laghu Madhyamik Vidyalaya, Sirsiya, Bhathat, Gorakhpur and also pay their regular salary and other benefits w.e.f. month of September, 2018, by passing a reasoned and speaking order within stipulated time as fixed by this Hon;ble court (Annexure no. 10 & 13 to this writ petition.)." 3. Counter affidavit has been filed by the Block Education Officer, Khajni, Gorakhpur on behalf of respondents no.3, 4 & 5. In bottom of paragraph-4 of the aforesaid counter affidavit it is stated that "So far as absorption of the teaching and non-teaching staff of the Institution is concerned, in the light of the representation dated 19.09.2018 moved by the teaching and non-teaching of the institution, a direction has been sought from the office of the Additional Direction of Education (Basic), a copy of which has been sent to the Director of Education (Basic) Lucknow vide letter dated 02.11.2018 by the then District Basic Education Officer, Gorakhpur. The proper direction is still awaited. A second representation dated 29.11.2018 filed by the teaching and non- teaching staff of the Institution awaits the same fate." 4. It is unfortunate that matter is still pending consideration before the Director of Education (Basic), Lucknow since 2018. 5. It is argued by learned Standing Counsel that the decision will be taken in the matter by the Director of Education (Basic), Lucknow expeditiously. 6. Heard learned counsel for the parties and perused the records. 7. In the facts and circumstances, petitioners are permitted to provide all the necessary papers and documents reliance of which has been made in the present writ petition as well as copy of the counter affidavit filed by the respondents as stated above along- with certified copy of this order before the Director of Education (Basic), Lucknow within a period of three weeks from today. If such a representation is made, the Director (Basic Education), Lucknow is directed to pass appropriate order in accordance with law within a further period of two months. 8. With the aforesaid observations, present writ petition is disposed of finally. Order Date :- 5.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad