SHER BAHADUR RAM AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIA/8658/2025 · 2025-07-02
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65410 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65410 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:104460 Court No. - 52 Case :- WRIT - A No. - 8658 of 2025 Petitioner :- Sher Bahadur Ram And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madan Mohan Srivastava Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Madan Mohan Srivastava, learned counsel for the petitioners, Mr. Arun Kumar Gupta, learned Standing Counsel for the State-respondent no.1 and Mr. Shailendra Singh, Advocate holding brief of Mr. S.P. Singh, learned counsel for the respondent nos.2&3. This writ petition has been filed inter alia for the following relief:-
"i) issue a writ, order or direction in the nature of Mandamus directing the respondents to sanction and grant the Trained Grade Pay Scale to the petitioners from the date of his initial appointment and also pay the arrears thereof to the petitioners within stipulated period which should be fixed by this Hon'ble High Court. ii) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents concerned to decide the candidature the respondents concerned to decide the candidature of the petitioners within stipulated period which should be fixed by this Hon'ble Court; iii) issue a writ, order or direction in the nature of mandamus directing the respondents concerned to decide the candidature of the petitioners within certain period which should be fixed by this Hon'ble Court; iv) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances as of the case; and v) to award cost of the writ petition to the humble petitioners through out."
Learned counsel for the petitioners submits that the petitioners are entitled to the trained grade pay scale which has not been released till date. It is submitted that similarly situated teachers have also been granted the aforesaid benefit by order dated 28.06.2024, but the claim of the petitioners has not been decided till date. Learned counsel for the petitioners has also placed order dated 25.10.2024 passed in Writ-A No.16804 of 2024 (Birendra Kumar Yadav vs. State of U.P. and others).
Learned Standing Counsel for the State as well as learned counsel for the respondent nos.2&3 submits that the issue requires determination of facts as per applicable law by the authority concerned. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent no.3- District Basic Education Officer, Azamgarh, raising all their grievances within a period of two weeks from today. In case any such representation is filed by the petitioners, the respondent no.3 shall consider and decide the same in accordance with law, by reasoned and speaking order, preferably within a period of four weeks from the date of production of a certified copy of this order if there is no other legal impediment.
Order Date :- 3.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad