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2025 DAILYLAW 84652 (ALL)

PAWAN VIR SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/11552/2025 · 2025-08-18

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141429 Court No. - 52 Case :- WRIT - A No. - 11552 of 2025 Petitioner :- Pawan Vir Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adesh Pal,Renu Devi Dohre Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Ms. Renu Devi Dohre, learned counsel for the petitioner, learned Standing Counsel for the State, and Mr. Kaushlesh Pratap Singh, learned counsel for respondent nos. 2, 4, 5 and 6. 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 16.01.2025 passed by District Basic Education Officer, Auraiya. (ii) Issue a writ, order or direction in the nature of mandamus direction in the nature of mandamus directing the respondents to not stoppage one increment to the petitioner which was stopped by passing the impugned order dated 16.01.2025." 3. At the very outset, Mr. Kaushlesh Pratap Singh, learned counsel for respondent nos. 2, 4, 5 and 6, submits that against the impugned order, there is an alternative remedy of filing appeal available to the petitioner before the respondent no.2 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 respondent no.2; Uttar Pradesh Basic Education Board, U.P. Prayagraj within three weeks from today along with a certified copy of this order and, if any such appeal is filed, the respondent no.2 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