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2025 DAILYLAW 99397 (ALL)

MEDHAVRAT AND 19 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIA/14488/2025 · 2025-09-23

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14488 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, Mr. Bhanu Pratap Singh Kachhawah, learned counsel for the respondent-BSA 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 Respondents authority to pay the salary to the petitioners for the post of Headmaster/Headmistress and to pay arrears since they are working as In-charge Headmaster/Headmistress within stipulated period so fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents authorities to take decision on the representation of petitioners which is with regard to payment of salary for the post of Headmaster, in the light of judgement and order dated 30.04.2025 passed by this Hon'ble Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others)." Learned counsel for the petitioners submits that petitioners who are 20 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.3 to take appropriate decision in the matter in accordance with law within a time bound period. Versus Counsel for Petitioner(s) : Vivek Kumar Tiwari Counsel for Respondent(s) : Bhanu Pratap Singh Kachhawah, C.S.C. Medhavrat And 19 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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) 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. He has relied upon paragraphs-214 to 218 of Apex Court judgement passed in Anjuman Ishaat-e-Taleem Trust vs. State of Maharashtra and Others, reported in 2025 SCC OnLine SC 1912, wherein it has been observed that in service teachers (irrespective of the length of their service) would also be required to qualify the TET to continue in service. In view of above, the petitioner is not entitled for the relief as prayed. However, he submits that in case fresh representations are given by the petitioners, individually, before the respondents authorities, 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.3 -District Basic Education Officer, District- Etah, 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 24, 2025 Rahul. WRIA No. 14488 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad