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2025 DAILYLAW 71033 (ALL)

RAMNARAYAN GUPTA v. STATE OF U.P. AND 4 OTHERS

WRIA/8871/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112728 Court No. - 52 Case :- WRIT - A No. - 8871 of 2025 Petitioner :- Ramnarayan Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Damodar Pandey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Damodar Pandey, learned counsel for the petitioner and Ms. Shruti Malviya, learned Standing Counsel for the State- respondents. The present writ petition has been filed inter-alia for the following reliefs:- "A. To, issue a writ, order or direction in the nature of mandamus directing the Respondent no.3, i.e. District Basic Education Officer Kushinagar to pass over for payment of arrears of salary, retrial dues and pension with interest as per Rule as petitioner has been retired on 31.03.2017. B. To, issue a writ, order or direction in the nature of mandamus directing the respondent no.3 i.e. District Basic Education Officer, Kushinagar to pass order decide the last application dated 02.06.2025 and reminder dated 23.06.2025 (Annexure no.13 & 14) which is still pending. C. To, issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. D. To, award cost of the writ petition to the petitioner." Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Teacher in Shri Ram Pandey Janta Laghu Madhyamik Vidyalaya, Kushinagar on 01.07.1975, the appointment letter has been annexed at Page 33 of this petition. After which the institution has been provided grant in aid in the year 1985. Thereafter, the services of the petitioner were approved and regularized by the respondent no.3 in the year 1986, however, neither the salary has been paid nor his retiral dues and pension have been paid to the petitioner. Therefore, the petitioner has been represented before the authorities concerned, i.e. respondent no.3 for payment of arrears of salary, retiral dues and pension, but till date nothing has been done. Hence the present writ petition has been filed. Ms. Shruti Malviya, learned Standing Counsel for the State- respondents submits that from the records, it is not clear as to whether the petitioner has been appointed legally and in accordance with law. There is not a single whisper about the delay in filing the writ petition, when the petitioner had already retired in the year 2017, therefore, the relief as prayed cannot be granted. However, in case a fresh representation is moved, the same shall 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 petitioner to file afresh representation before the respondent no.3- District Basic Education Officer, Kushinagar raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same after verifying all the records of his appointment, in accordance with law, by reasoned and speaking order, preferably within a period of six weeks from the date of production of a certified copy of this order if there is no other legal impediment. Order Date :- 14.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad