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2025 DAILYLAW 94782 (ALL)

RISHI KUMAR AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIA/13767/2025 · 2025-09-14

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13767 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, Mr. Hare Ram, learned counsel for the respondent-BSA and learned Standing Counsel for the State-respondents. The present writ petition has been filed with the following relief:- "(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities to pay the salary and arrears to the petitioners for the post of Head Master/ Head Mistress, since they are working as In-Charge Head Master/Mistress, within stipulated period so fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of Mandamus commanding the respondent to consider the claim of the petitioners in respect of pay the salary to the petitioners for the post of Head Master/ Head Mistress. (c) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay salary to the petitioners for the post of Head Master/ Head Mistress in the light of Judgement dated 15.05.2024 in Writ A No.18228/2022 (Tripurari Dubey & another vs. State of UP & others) passed by the Hon'ble Court." Learned counsel for the petitioners submits that petitioners who are 8 in numbers have made representations before the authority concerned for redressal of their grievances. However, despite several representations moved by the petitioners, no heed has yet been paid. Therefore, a direction may be issued to the respondent no.4 to take appropriate decision in the matter in accordance with law within a time bound period. Learned counsel for respondent-BSA 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) Versus Counsel for Petitioner(s) : Surya Prakash Dubey Counsel for Respondent(s) : C.S.C., Hare Ram Rishi Kumar And 7 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 fresh representations are given by the petitioners individually before the respondent no.4, 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 applications/representations, individually, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.4 -District Basic Education Officer, District-Etawah, within three weeks from today along with a certified copy of this order. On such representations 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 15, 2025 Rahul. WRIA No. 13767 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad