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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11437 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Madan Ji Pandey, learned counsel for the petitioner, Mr. Sanjay Kumar Singh, learned counsel for the respondent-B.S.A. as well as learned Standing Counsel for the State. The present petition has been filed with the following prayers :-
"i) issue a writ, order or direction in the nature of Certiorari to quash the impugned cancellation of Attachment order dated 25.03.2025 passed by Respondent No.2 District Basic Education Officer, Ballia (Annexure 1) to the writ petition),. ii) Issue any other writ, order or direction as this Hon'ble Court may deem just and suitable in the present circumstances of the case and to which the petitioner is entitle in law."
Learned counsel for the petitioner submits that the petitioner was initially as an School Attendant and an appointment letter dated 15.7.2010 was issued by the competent authority pursuant to which he joined his service at Junior High School Meeddha, Hanumanganj, District- Ballia. He further submits that since then, the petitioner is discharging his service without any break and the petitioner's service was satisfactory, there being no complaint against him. It has been stated on affidavit that the petitioner is presently posted as Office Attendant at the office of Block Education Officer Hanumanganj, District- Ballia, where he has performed his duty with devotion and honesty. The petitioner was earlier attached to this office by order dated 6.10.2021 passed by respondent no.2 and accordingly, took charge pursuant to the aforesaid on 8.10.2021. He Versus Counsel for Petitioner(s) : Dharmendra Nath Mishra, Madan Ji Pandey Counsel for Respondent(s) : C.S.C., Sanjay Kumar Singh Arvind Kumar Pathak .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
further contends that by the order impugned, the attachment order of the petitioner is withdrawn, without there being any complaint against him. He also submits that the impugned order has been passed without giving any notice or opportunity of hearing to the petitioner. No reason has been assigned in the order impugned as to why the attachment order of the petitioner has been cancelled. He further submits that the said order has been passed without there being any complaint against the petitioner and the respondent no.2 has no jurisdiction to pass the appropriate order. The petitioner met the higher authorities with the aforesaid grievance but not attention has been paid by the authorities concerned. He further contends that the order impugned is arbitrary, illegal and is liable to be quashed.
Learned counsel for the respondent-B.S.A. as well as learned Standing Counsel for the State submit that there is no illegality or infirmity in the
order as it is only by the order dated 25.3.2025, the petitioner has been sent to his original work place i.e. Junior High School Meeddha, Hanumanganj, District- Ballia. The petitioner was earlier attached to the office of Block Education Officer Hanumanganj, District- Ballia by order dated 6.10.2021, but when his work was not found satisfactory, he was relieved from the said office and was asked to join at his original work place, therefore, the petitioner is not entitled for the relief as prayed. The present petition lacks merit and is dismissed, accordingly.
September 11, 2025 Kalp Nath Singh WRIA No. 11437 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad