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2025 DAILYLAW 66845 (ALL)

MAHAVIR SINGH AND 22 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIA/9726/2025 · 2025-07-16

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115993 Court No. - 52 Case :- WRIT - A No. - 9726 of 2025 Petitioner :- Mahavir Singh And 22 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Kamal Kumar Kesherwani, learned counsel for the petitioners, Mr. Shivendra Singh Bhadauria, learned counsel for the respondent nos.2, 3 & 4 and learned Standing Counsel for the State-respondents. The present writ petition has been filed inter-alia for the following reliefs:- "a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent Authorities to pay the salary to the petitioners for the post of Head Master/ Head Mistress and to pay arrears since they are working as In-charge Head Master/Head Mistress within stipulated period so fixed by this Hon'ble Court. b) Issue a writ order or direction directing the respondent no.2-District Basic Education Officer, Rampur to consider the representations of the petitioners within stipulated period as per fixed by this Hon'ble Court. c) Issue a writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of this Court. d) Award the cost of Petition to the petitioner." Learned counsel for the petitioners submits that petitioners who are 24 in numbers have made representations before the respondent no.2 for redressal of their grievances, but no decision has been taken till date. Therefore, a direction may be issued to the respondent no.2 to take an appropriate decision in accordance with law within a time bound period. Learned counsel for the respondent nos.2 to 4 submits that the controversy regarding payment of the aforesaid has been settled by the Division Bench of this Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others) decided on 30.04.2025. However, he submits that in case a fresh representation is given by the petitioners individually before the respondent no.2, the same may be decided in accordance with law. 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 individually, before the respondent no.2-Uttar Pradesh Basic Education Board, Prayagraj through its Secretary, raising all their grievances within a period of two weeks from today. In case any such representation is filed, the respondent no.2 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 :- 17.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad