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2025 DAILYLAW 95224 (ALL)

PRACHI SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/13705/2025 · 2025-09-11

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13705 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Ashish Kumar Nagvanshi, learned counsel for the respondent nos.3 and 4 and learned Standing Counsel for the State-respondents. The present writ petition has been filed with the following reliefs:- "(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent no.3, District Basic Education Officer, Deoria to take appropriate decision in the matter considering the claim of petitioner in accordance with law and to pay regular salary as well as arrears of salary to the petitioners for the post of Head Master/ Head Mistress, within stipulated period so fixed by this Hon'ble Court." Learned counsel for the petitioner submits that for ventilation of her grievance, the petitioner has approached the authority concerned by moving representation. However, despite several representations moved by the petitioner, no heed has yet been paid. Learned counsel for respondent nos.3 and 4 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 petitioner before the respondent no.3, the same may be decided in accordance with law. Versus Counsel for Petitioner(s) : Smriti Srivastava, Vinit Mishra Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), C.S.C. Prachi Sharma .....Petitioner(s) State Of U.P. And 3 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 petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all her grievances, supported by such documents, as may be advised, before the respondent no.3 -District Basic Education Officer, District Deoria, 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 12, 2025 Rahul. WRIA No. 13705 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad