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2026 DAILYLAW 11156 (ALL)

MOHD PARVEZ ALAM WARSI v. STATE OF U.P. AND 4 OTHERS

WRIA/13512/2026 · 2026-09-28

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13512 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Mohit Dixit, Advocate, holding brief of Mr. Kaushlesh Pratap Singh, learned counsel for the respondent-BSA and learned Standing Counsel for the State- respondents. The writ petition has been filed with the following prayers:- "(i). Issue a writ, order or direction in the nature of mandamus commanding and directing as the Instructor of Respondents, to renew/consider the renewal of the engagement of the Petitioner Art/Physical & Health Education in Primary School Rurua Phanphood, Block Bhagya Nagar, District Auraiya for the academic sessions 2024-2025 and 2025-2026, and also pay the honorarium from 1st of July, 2024 till the actual payment with interest, in accordance with the applicable Government Orders and the procedure followed in the case of the Petitioner in the preceding academic sessions, within such period as may kindly be fixed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents to consider and decide the Application dated 15.02.2025 sent by the Petitioner before the Block Education Officer Block Bhagya Nagar District Auraiya [filed as Annexure No.4 with this Writ Petition], within a stipulated period as may be fixed by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondent authorities to permit the Petitioner to discharge his duties as Instructor of Art/Physical & Health Education in Primary School Rurua Phanphood, Block Bhagya Nagar, District Auraiya, subject to the decision upon his claim for renewal, if the competent authority finds that the post/work continues to exist and the Petitioner is otherwise eligible." Learned counsel for the petitioner submits that the petitioner worked as Instructor (Art/Physical and Health Education) in a Primary School from 2013 till 2023-2024, after which his services for the Versus Counsel for Petitioner(s) : Brijesh Kumar Yadava Counsel for Respondent(s) : Kaushlesh Pratap Singh, C.S.C. Mohd Parvez Alam Warsi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) sessions 2024-2025 and 2025-2026 were not renewed, and he has not been informed as to why his services were not renewed. The petitioner moved a representation before the authorities concerned to look into his grievance, but nothing has been done till date. Therefore, a direction may be issued to the authorities concerned to decide the claim of the petitioner within a stipulated period. Learned counsel for the respondent-BSA submits that the petitioner has approached the Court after a delay of nearly two years, as his services were not renewed after 2023-2024. Therefore, the relief as prayed cannot be granted. However, he submits that in case a fresh representation is made by the petitioner, the same shall be looked into in accordance with law. Considering the facts and circumstances of the case, without going into the merits, and with the consent of the parties, the writ petition is disposed of with a direction that, in case the petitioner moves a fresh representation ventilating all his grievances, supported by such documents as he may be advised, before respondent No.4, District Basic Education Officer, Auraiya, within three weeks from today, along with a certified copy of this order, respondent No.4 shall, on such representation being made, make all endeavours to consider and decide the same strictly in accordance with law, by a reasoned and speaking order, after giving proper opportunity of hearing to the petitioner, as expeditiously as possible, preferably within two months from the date of production of a certified copy of this order, if there is no legal impediment. September 29, 2026 Rahul. WRIA No. 13512 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad