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2025 DAILYLAW 89642 (ALL)

RADHEY SHYAM MISHRA v. STATE OF UTTAR PRADESH AND 5 OTHERS

CMRAD/79/2025 · 2025-08-31

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 79 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. Order on Delay Condonation Application No. 1 of 2025 1. This is an application seeking condonation of delay in filing review application. 2. Delay in filing review application is explained satisfactorily. It is hereby condoned. The application is accordingly allowed. Order on Review Application 1. Heard Sri Anil Yadav, learned counsel for review-applicant and Sri Ashok Kumar Singh, Advocate for Respondents-4 and 6. 2. This Court passed following order on 21.05.2025: "1. Heard Sri Anil Yadav, learned counsel for petitioner and Sri Ram Awadh Singh, Advocate holding brief of Sri Ashok Kumar Singh, Advocate for Respondents-4 to 6. 2. Learned counsel for petitioner after arguing for some time, on instruction, submits that petitioner's grievance be substantially addressed if salary of Headmaster for the period he has served as Officiating Headmaster, i.e., 03.01.2002 to 30.12.2010, before his actual promotion on the post of Headmaster, be granted and for that he refers a judgment passed by a Division Bench of this Court in Secretary, Up Basic Education Board And 2 Others vs. Tripurari Dubey And 3 Others, 2025:AHC:67382-DB. So far as other prayer is concerned, i.e., for promotional pay scale, he may be permitted to file a representation treating promotion w.e.f. 31.12.2010 after completing 10 years of service, i.e., 31.12.2020. Versus Counsel for Applicant(s) : Anil Kumar Yadav Counsel for Opposite Party(s) : Ashok Kumar Singh, C.S.C. Radhey Shyam Mishra .....Applicant(s) State Of Uttar Pradesh And 5 Others .....Opposite Party(s) 3. Learned counsel appearing for respondents has no objection to aforesaid prayer. 4. In aforesaid circumstances, the writ petition is disposed of with observation that since petitioner has accepted that he was promoted on the post of Headmaster on 31.12.2010, therefore, in case he has worked earlier on the post of Headmaster, then in view of Tripurari Dubey (supra), he is entitled for salary. So far as other grievance is concerned, i.e., promotional pay scale, which may fall due after 10 years from promotion, i.e., w.e.f. 31.12.2020, if there is no legal impediment, the petitioner is at liberty to file representation in this regard, which will be considered in accordance with law by the concerned respondent" 3. Learned counsel for applicant submits that an admission that petitioner was promoted w.e.f. 31.12.2010, as mentioned in aforesaid order, is probably contrary to record and he prays that in case petitioner is able to show before concerned respondent that he was duly promoted vide order dated 10.01.2000, he may be granted salary accordingly, since in the Schools run by Board of Basic Education, there is no post of Officiating Principal. 4. In aforesaid circumstances, taking note of above submission, this review application is disposed of with liberty to petitioner to raise aforesaid issue also before concerned respondent alongwith liberty already granted in order dated 21.05.2025. September 1, 2025 AK CMRAD No. 79 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad