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2025 DAILYLAW 92157 (ALL)

SUNEEL KUMAR, AND 25 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/13339/2025 · 2025-09-08

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13339 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Man Bahadur Singh, learned counsel for the petitioners, Mr. Ashish Kumar Singh, learned counsel for respondent-B.S.A. as well as learned Standing Counsel for the State and perused the record. The petitioners who are 26 in number have preferred the instant petition with the following prayers :- "i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the salary to the petitioners to the post of Head Master of Upper Primary School/Primary Schools as shown against their names with effect from the date, the petitioners are appointed as Incharge Head Master or functioned as Incharge Head Master as shown against their names in the consolidated tabulation with all consequential benefits, within a stipulated period as may be specified by this Hon'ble Court. ii. issue writ, order or direction in the mature of mandamus commanding the respondents to pay the arrears of salary to the petitioner from the date they are discharging the duties of Head Master with admissible interest, within stipulated period as may be specified by this Hon'ble Court." Learned counsel for the petitioners submits that for ventilation of their grievances, the petitioners have approached the authority concerned by moving representations. However, despite several representations moved by the petitioners, no heed has yet been paid. Learned counsel for respondent-B.S.A. as well as learned Standing Versus Counsel for Petitioner(s) : Man Bahadur Singh Counsel for Respondent(s) : Ashish Kumar Singh, C.S.C. Suneel Kumar, And 25 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Counsel for the State submit 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-District Basic Education Officer, District- Agra, 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 petitioners, the present writ petition is disposed of by providing that the petitioners may make fresh application/representation, individually, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.3-District Basic Education Officer, District- Agra, 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 9, 2025 Kalp Nath Singh WRIA No. 13339 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad