KAMAL KISHOR AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIA/9932/2025 · 2025-07-20
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76451 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118091 Court No. - 52 Case :- WRIT - A No. - 9932 of 2025 Petitioner :- Kamal Kishor And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nand Lal Yadav,Sunil Kumar Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioners and Mr. Kushmondeya Shahi, learned counsel for the respondent nos.3 to 5 and learned Standing Counsel for the State-respondent. The writ petition has been filed with the following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to pay the salary of Headmaster to the petitioner since they are performing the duties of Headmaster for more than 7 years and further be pleased to direct the respondent no.4 to decide the representation dated 29.05.2025, within stipulated period."
Learned counsel for the petitioners submits that petitioners have given representations before respondent no.4 praying for salary of Incharge Headmaster as they have been working since last seven years on the same post but no decision has been taken till date. Therefore, a direction may be issued to the respondent no.4 to take an appropriate decision in accordance with law within a time bound period.
Learned counsel for the respondent-BSA submits that in case fresh representations are given by the petitioners before the respondent no.4, the same may be 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 petitioners, the present writ petition is disposed of by providing
that
petitioners
may
make
fresh applications/representations, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.4 Basic Education Officer, Kanpur Nagar, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.4 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 :- 21.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad