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2025 DAILYLAW 70790 (ALL)

BEERENDRA KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/8825/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113013 Court No. - 52 Case :- WRIT - A No. - 8825 of 2025 Petitioner :- Beerendra Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Yadav,Shilpy Sharma Counsel for Respondent :- C.S.C.,Tej Bhan Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Ms. Shilpy Sharma, learned counsel for the petitioner and Mr. Tej Bhan Singh, learned counsel for the respondent nos.2 to 4 and learned Standing Counsel for the State. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 District Basic Education Officer, Jaunpur to release the salary of the petitioner since April 2023 to 30th June 2024 and annual increments of July 2023 and July 2024. (ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation of the petitioner dated 14.05.2025, within stipulated period." Learned counsel for the petitioner submits that salary and annual increments as mentioned in the aforesaid prayers has not been paid to the petitioner. In this regard, a representation has also been moved on 14.05.2025 before respondent no.2 but nothing has been done till date. Learned counsel for respondents-BSA submits that petitioner is not entitled for the aforesaid salary as he was in jail during the aforesaid period. However, he submits that in case fresh representation is moved, the same shall be considered and decided in accordance with law. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents as may be advised, before the respondent no.2 District Basic Education Officer, Jaunpur, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad