DEVDUTTA SHARMA AND 22 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/11609/2025 · 2025-08-11
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85002 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85002 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136582 Court No. - 52 Case :- WRIT - A No. - 11609 of 2025 Petitioner :- Devdutta Sharma And 22 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Tiwari Counsel for Respondent :- C.S.C.,Nagendra Kumar Pandey Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Vivek Kumar Tiwari, learned counsel for the petitioners, Mr. Nagendra Kumar Pandey, learned counsel for the respondent-BSA and learned Standing Counsel for the State- respondents and perused the record. The petitioner has preferred instant writ petition for a direction upon respondents authority to pay the salary to the petitioners for the post of Headmaster/Headmistress and to pay arrears since they are working as In-charge Headmaster/Headmistress within stipulated period.
Learned counsel for the petitioners submits that petitioners who are 23 in numbers have made representations before the respondent no.3 for redressal of their grievances, but no decision has been taken till date. Therefore, a direction may be issued to the respondent no.3 to take appropriate decision in the matter in accordance with law within a time bound period.
Learned counsel for the respondent-BSA submits that the controversy regarding payment of the aforesaid has been settled by the Division Bench of this Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others) decided on 30.04.2025. However, he submits that in case a fresh representation is given by the petitioners individually before the respondent no.3, the same may be decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3;
Basic Education Officer, Sambhal within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the directions issued by the Division Bench of this Court in the case of Special Appeal No.652 of 2024 (Secretary U.P. Basic Education Board And 2 Others vs. Tripurari Dubey And 3 Others) reported in Neutral Citation No. - 2025:AHC:67382- DB, 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 two months from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 12.8.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad