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2025 DAILYLAW 95543 (ALL)

RAJESH KUMAR YADAV AND 49 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/13893/2025 · 2025-09-16

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13893 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 Ms. Aprajita Siingh, Advocate holding brief of Mr. Archana Singh, learned counsel for respondent nos.2&3 and perused the record. The petitioners, who are 50 in number, have preferred instant writ petition for a direction upon respondent authorities to pay the salary to the petitioners for the post of Headmaster/ Headmistress and pay arrears since they are working as Incharge Headmaster/ Headmistress within some stipulated period. 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 nos.2 & 3 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.3, the same may be decided in accordance with law. Considering the facts and circumstances of the case but without Versus Counsel for Petitioner(s) : Chandra Bhushan Yadav, Vibhuti Counsel for Respondent(s) : Archana Singh, C.S.C. Rajesh Kumar Yadav And 49 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 - Basic Education Officer, District- Sonbhadra, 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 17, 2025 Jitendra/- WRIA No. 13893 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad