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2025 DAILYLAW 86491 (ALL)

SMT. GARIMA RAI v. STATE OF U.P. AND 4 OTHERS

WRIA/11828/2025 · 2025-09-22

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11828 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Sanjeet Kumar Dubey, learned counsel for the respondent no.5 and perused the record. The present petition has been filed with a prayer to direct the respondent nos.3&4 to provide the salary of the petitioner on the post of Headmistress of Santoshi Maa Kanya Vidyalaya, Devkali, Jaunpur forthwith and pay arrear accrued upon the petitioner w.e.f. 01.04.2022 deducting the amount of payment of salary already made to the petitioner for the post of Assistant Teacher. On 19.08.2025, the following order was passed:- "Heard Mr. Naresh Chandra Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The present petition has been filed with a prayer to direct the respondent nos.3&4 to provide the salary of the petitioner on the post of Headmistress of Santoshi Maa Kanya Vidyalaya, Devkali, Jaunpur forthwith and pay arrear accrued upon the petitioner w.e.f. 01.04.2022 deducting the amount of payment of salary already made to the petitioner for the post of Assistant Teacher. Learned counsel for the petitioner submits that the controversy regarding payment of the aforesaid has already 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, which has been affirmed by Versus Counsel for Petitioner(s) : Naresh Chandra Tripathi Counsel for Respondent(s) : C.S.C., Sanjeet Kumar Dubey Smt. Garima Rai .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) the Apex Court in Special Leave to Appeal (C) No.22472 of 2025 vide order dated 13.08.2025 preferred against the order passed in the aforesaid special appeal. On the aforesaid, learned Standing Counsel for the State-respondents prays for and is granted two weeks' time to obtain instructions in the matter. As prayed, put up this case on 05.09.2025, as fresh." In compliance with the aforesaid order, the instructions have been placed before this Court and are taken on record. Learned Standing Counsel, on the basis of instructions, submits that the petitioner, being in-charge Headmistress, is not entitled for the payment of salary as Headmistress. However, in case petitioner moves a fresh application/representation before the competent authority, the same shall be considered and 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 her grievances, supported by such documents, as may be advised, before the respondent no.3; District Basic Education Officer, District Jaunpur, 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 in Tripurari Dubey (supra), 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. September 23, 2025 Jitendra/- WRIA No. 11828 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad