Neutral Citation No. - 2025:AHC:6138 Court No. - 7 Case :- WRIT - A No. - 322 of 2025 Petitioner :- Mohd Ismile Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present writ petition inter-alias with following prayer:- "i) issue writ, order or direction in nature of mandamus commanding the respondent no. 2 to consider the letter of the respondent no. 3 dated 22.04.2019 and passed appropriate order or direction expeditiously within stipulated time as fixed by this Hon'ble Court (Annexure no.1). ii) issue writ, order or direction in nature of mandamus commanding the respondents to give the benefit of relaxation to the untrained assistant teacher of primary section affiliated with the recognized Junior High School, to the petitioner in pursuance to the Government Order dated 21.10.1994." 2. It is argued that the petitioner was appointed as an untrained Assistant Teacher on 01.07.1982 in the primary school affiliated with the respondent No. 5 and he had retired from the said post on 31.03.2017. In the present case the Uttar Pradesh recognized Basic Schools (Junior High Schools) (Requirement and Conditions of Services of Teachers) Rules, 1978 (hereinafter referred to as the Rules) will be applicable and in the said rules the minimum qualifications for the appointment on the post of assistant teacher is Graduation Degree from a University recognized by UGC and a teacher training course recognized by the State Government or UGC or the Board. In the year 1994 some relaxation was given to the untrained assistant teachers who had continuously rendered their services and completed 10 years of teaching on or before 01.09.1994 or the teachers whose retirement was due within 2 years of passing of the Government Order dated 21.10.1994. 3. It is argued that petitioner fulfilled all the conditions contained in the aforesaid Government Order, hence he is entitled for relaxation given in the aforesaid Government Order. He also placed reliance upon the letter dated 19.11.2018 issued from the office of the Respondent No. 5. He also placed reliance upon the letter dated 02.04.2019 issued by the office of the Respondent No. 3 to the Respondent no. 2 and it is argued that though the petitioner is also entitled for relaxation in pursuance of the aforesaid Government Order but till date the same has not been provided to the petitioner. It is further argued that representation was made by the petitioner on 12.06.2024 before the Divisional Assistant Director (Basic), Prayagraj Division, Prayagraj but till date no decision has been taken, hence the present writ petition. 4. On the other hand, it is argued by the learned Standing Counsel that in case the petitioner will submit a fresh representation before the Respondent No. 2, he will take a decision in the matter, expeditiously. 5. Heard counsel for the parties. 6. With the consent of the counsel for the parties, the present writ petition is disposed of finally permitting the petitioner to submit a fresh representation ventilating all his grievances before the Respondent No. 2. If such representation is made within a period of three weeks from today, the Respondent No. 2 will take a decision on the same within a period of six weeks thereafter. Order Date :- 15.1.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad