Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122328 Court No. - 52 Case :- WRIT - A No. - 10085 of 2025 Petitioner :- Ibne Harab Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aishwarya Kumar Singh,Rajesh Kumar Singh,Utkarsh Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Dubey Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, Mr. Vikas Rastogi, Advocate holding brief of Mr. Sunil Kumar Dubey, learned counsel for respondent no.4 as well as Mr. Hare Ram, learned Standing Counsel for the State-respondents. The present petition has been filed with the prayer to quash the
order impugned dated 23.06.2025 passed by respondent no.4 and a further prayer to direct the respondent no.4 not to interfere with the functioning of the petitioner by permitting him to discharge the duty as a Head Master in Primary School Obera Deeh, Vikas Khand-Marihan, District- Mirzapur and to pay salary admissible to him on month to month basis as per the rules. After hearing the matter at length, learned counsel for the petitioner has confined his prayer to the extent that against the impugned order, the petitioner may be permitted to file an appeal before the concerned authorities under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973 and also direct the concerned authorities to decide the same within stipulated period. Learned Standing Counsel as well as learned counsel for respondent no.4 have no objection to the aforesaid prayer. In view of the aforesaid, no useful purpose will be served in keeping this writ petition pending and calling for a counter affidavit. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to file an appeal before the respondent no.3-Basic Shiksha Parishad, through its Secretary, U.P. at Prayagraj within three weeks from today
along with a certified copy of this order and, if any such appeal is filed, the respondent no.3 shall make all endeavours to consider and decide the same, by means of reasoned and speaking order, after giving opportunity of hearing to all the parties, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of the said appeal. It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law.
Order Date :- 25.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad