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2025 DAILYLAW 73938 (ALL)

MOHD. VAIS v. STATE OF U.P. AND 4 OTHERS

WRIA/9612/2025 · 2025-07-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119650 Court No. - 32 Case :- WRIT - A No. - 9612 of 2025 Petitioner :- Mohd. Vais Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Sarthak Ahuja Counsel for Respondent :- C.S.C.,Pranav Mishra Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed for the following reliefs:- "i. Issue a writ order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 13.05.2025 passed by the Principal of the Institution (Annexure No.1 to the writ petition). ii. Issue a writ order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 13.05.2025 passed by the District Minority Welfare Officer, Varanasi (Annexure No.2 to the writ petition). iii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to ensure payment of pensionary dues to the petitioner alongside interest as is admissible under law taking into consideration the fact that appointment of petitioner was made on 20.03.1996 on the post of Assistant Teacher, Alia." 2. Sri Prabhakar Awasthi, learned counsel appearing on behalf of petitioner after some length of argument, made innocuous prayer that since the impugned order has been passed without giving opportunity of hearing to the petitioner that may be set aside with a direction to the respondent no.4 District Minority Welfare Officer, Varanasi to pass a fresh order after giving opportunity of hearing to the petitioner expeditiously in time bound manner. 3. Per contra, at this juncture, Sri Pranav Mishra, learned counsel appearing on behalf of respondent nos. 3 and 4 vehemently opposed the instant petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioner. 4. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner, Suresh Srivastava, learned Standing Counsel for the State- respondents and Sri Pranav Mishra, learned counsel for the respondent nos. 3 and 4 and perused the contents made in the writ petition. 5.Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection from other side, without entering into the merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner. 6. Petitioner is directed to represent his case along with the present writ petition and certified copy of this order before respondent no.4 District Minority Welfare Officer, Varanasi within 10 days. Thereafter, the respondent no.4 is directed to pass a detailed fresh order in accordance with law after giving opportunity of hearing to petitioner, expeditiously, preferably within a period of six weeks, without influencing from the impugned order dated 13.05.2025. 7. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 22.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad