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2026 DAILYLAW 3157 (ALL)

ABU TALAH v. STATE OF U.P. AND 3 OTHERS

WRIA/5689/2026 · 2026-05-05

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5689 of 2026 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard learned counsel for the parties. 2. At this stage Court finds that concerned authority has not decided the matter on merit on a ground that a matter arising out of dispute of dismissal of two Assistant Teachers is pending before District Welfare Officer/Committee of Management on basis of a direction passed by this Court in earlier round of litigation 3. Learned counsel for the petitioner submits that dispute of petitioner can still be decided independently since it will have no bearing on outcome of referred dispute. 4. Per contra, learned counsel or the respondents submits that outcome of other dispute of two Assistant Teachers will have a bearing on prayer of present writ petition. 5. I have considered the above submissions and since concerned authority has still not decided matter on merit waiting outcome of other dispute therefore, there is no order to challenge before this Court and in case Court decides the issue, it will be at first instance, which was not the intention of this Court, when earlier matter was remanded to the concern authority, therefore, Court will not decide the case at first instance on merit. 6. So far as other submission of learned counsel for petitioner is concern, present writ petition is disposed of with following directions: (a) Matter in regard to other two employees arising out of from order of dismissal shall be decided within a period of 4 weeks in accordance with law after hearing all concern parties and subsequently dispute of the petitioner be decided in accordance with law after hearing concern parties and in case Versus Counsel for Petitioner(s) : Mritunjay Mohan Sahai Counsel for Respondent(s) : C.S.C., Satyam Singh Abu Talah .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) concern respondent is not able to decide the dispute in regard to other 2 employees even after 4 weeks, case of the petitioner shall be considered independently. (b) For the aforesaid reason and direction, impugned order dated 4.10.2025 is set-aside and matter is remanded to concern respondent to comply with aforesaid direction and if necessary order passed by Division Bench in Special Appeal Defective No.776 of 2025 be taken note of. May 6, 2026 SB WRIA No. 5689 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad