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2025 DAILYLAW 92403 (ALL)

MITHLESH TRIVEDI, LECTURER v. THE STATE OF UP AND 4 OTHERS

WRIA/13277/2025 · 2025-09-07

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13277 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed seeking the following main prayers:- "a) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents to add the earlier service period of Indian Air Force, in the present service of the petitioner in the Uttar Pradesh Education Department, in accordance with law. b) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitioner after adding the previous service rendered by the petitioner in Indian Air Force. c) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitioner as on date of his appointment as Lecturer in the Education Department, by protecting the salary received by the petitioner as Ex-Serviceman at the time of discharge from Indian Air Force, within a period to be specified by this Hon'ble Court. d) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to pay the arrears of the petitioner's salary from the date of his initial appointment till date in accordance with the salary as Re-fix under prayer No. (C), within a period to be specified by this Hon'ble High Court." 2. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made an innocuous prayer that the petitioner may be permitted to file a fresh representation before respondent no.2 and a Versus Counsel for Petitioner(s) : Ambuj Maurya, Atipriya Gautam, Devesh Mishra, Sr. Advocate Counsel for Respondent(s) : C.S.C. Mithlesh Trivedi, Lecturer .....Petitioner(s) The State Of Up And 4 Others .....Respondent(s) direction may be issued to him to decide the same in time bound manner. 3. Learned Standing Counsel appearing on behalf of the State-respondents vehemently opposed the writ petition on merits, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, Sri Jitendra Singh, learned Standing Counsel appeared on advance accepted notice on behalf of the State-respondents, perused the contents made in the writ petition and the documents on record. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing counsel appearing on behalf of State-respondents. Petitioner is directed to file a fresh representation along with present writ petition as well as certified copy of this order before respondent no.2 within 10 days from the date of production of certified copy of this order. After receiving the said representation, respondent no.2, Director of Education (Secondary), Prayagraj is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation. 6. With the aforesaid directions/observations, the present writ petition is disposed of. September 8, 2025 Atul WRIA No. 13277 of 2025 2 (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad