KUNWAR BAHADUR PRAJAPATI v. STATE OF U.P. AND 4 OTHERS
WRIA/12914/2025 · 2025-09-15
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90852 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90852 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12914 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Nikhil Singh, Advocate holding brief of Sri Shashi Prakash Rai, learned counsel for respondent nos.3 to 5 and perused the record. The petitioner has preferred instant writ petition for a direction upon respondent authorities to pay the salary to the petitioner for the post of Headmaster and pay arrears since he is working as Incharge Headmaster within some stipulated period.
Learned counsel for the petitioner submits that for ventilation of his grievance, the petitioner has approached the authority concerned by moving representation. However, despite representation moved by the petitioner, no heed has yet been paid.
Learned counsel for respondent nos. 3 to 5 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. The aforesaid order has been affirmed by the Apex Court by dismissal of the Special Leave to Appeal, vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025. However, he submits that in case a fresh representation is given by the petitioners individually before the respondent no.4, the same may be decided in accordance with law. Versus Counsel for Petitioner(s) : Ajay Kumar Srivastava, Sandeep Kumar Counsel for Respondent(s) : C.S.C., Shashi Prakash Rai Kunwar Bahadur Prajapati .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
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 petitioners, 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.4 - Basic Education Officer, Lalitpur, within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.4 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 16, 2025 Jitendra/- WRIA No. 12914 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad