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2025 DAILYLAW 8656 (ALL)

RAMPAL v. STATE OF U.P. AND 4 OTHERS

WRIA/1029/2025 · 2025-01-24

Prakash Padia

body2025

Judgment text

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Court No. - 7 Case :- WRIT - A No. - 1029 of 2025 Petitioner :- Rampal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Kumar Shrivastava,Brijesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. It is argued by the learned counsel for the petitioner that petitioner was initially appointed in the year 1989 on the post of peon. Due to verity of reasons and large number of litigation, time and again he was not paid single penny till date. It is further argued that pursuant to the order passed by this Court, now a decision has been taken by the District Basic Education Officer, Basti rejecting the claim of the petitioner. There is no specific provision under Rule-5 of U.P. Basic Education Rules, 1973 to file an appeal against such order. Since factual dispute involved in the present case, this Court is of the opinion that matter should be relegated before the Secretary, U.P. Basic Education, Basti. 3. In this view of the matter and without interfering with the order dated 29.01.2021, the present writ petition is disposed of finally permitting the petitioner to file an appeal before the Secretary, U.P. Basic Education, Basti within a period of one month. If such an appeal is filed within stipulated period, the appellate authority is directed to decide the same in accordance with law, preferably within a period of three months from the date of production of certified copy of this order. Order Date :- 24.1.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad