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2025 DAILYLAW 81157 (ALL)

ROSHAN LAL v. STATE OF U.P. AND 3 OTHERS

WRIA/10911/2025 · 2025-08-18

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141384 Court No. - 52 Case :- WRIT - A No. - 10911 of 2025 Petitioner :- Roshan Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Srivastava,Poonam Srivastava Counsel for Respondent :- C.S.C.,Devesh Vikram Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State, and Mr. Devesh Vikram, learned counsel for respondent nos. 2 to 4. 2. The instant petition has been filed for following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.05.2025 (whereby the petitioner has been demoted on the post of Assistant Teacher in primary school on the minimum pay scale from the post of incharge headmaster) passed by the respondent no. 2 as District Basic Education, Meerut." 3. At the very outset, Mr. Devesh Vikram, learned counsel for respondent nos. 2 to 4, submits that against the impugned order, there is an alternative remedy of filing appeal available to the petitioner before the appellate authority under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973. Therefore, this petition should be dismissed for this reason. 4. In view of the aforesaid, no useful purpose will be served to keep this writ petition pending and calling for a counter affidavit. 5. 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 appellate authority within three weeks from today along with a certified copy of this order and, if any such appeal is filed, the appellate authority shall make all endeavours to consider and decide the same after giving opportunity of hearing to all the parties expeditiously, in accordance with law, preferably within a period of three months from the date of receipt of the said appeal. 6. 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 :- 19.8.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad