Sandesh Kumar Shahi vs State Of U.P. And 3 Others
2021 Latest Caselaw 7294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 5847 of 2021
 

 
Petitioner :- Sandesh Kumar Shahi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arvind Kumar Shukla
 
Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
 

 
Hon'ble Vivek Chaudhary,J.

The case is taken up through video conferencing.

Heard learned counsel for petitioner, learned Standing Counsel for respondent no.1 and Sri Pranesh Dutt Tripathi, learned counsel for the respondent nos 2, 3 and 4.

Present writ petition is filed by the petitioner for the following primary reliefs:-

"(i) Issue a writ, order or directing in the nature of mandamus directing the District Basic Education Officer, Kushinagar, respondent no.2 to fix salary of the petitioner as juniors are getting.

(ii) Issue a writ, order or directing in the nature of mandamus directing the Basic Education Officer, Kushinagar, respondent no.2 respondents to fix seniority of the petitioner by giving Notional Promotion and pay the arrears of salary to the petitioner with interest.

(iii) Issue a writ order or directing in the nature of mandamus directing the second respondent/District Basic Education Officer Kushinagar to consider the grievances of the petitioner and pass appropriate order in the light of judgment and order dated 02.02.2016 passed in Writ Petition No.4351 of 2016 (Akhilesh Kumar Tiwari Vs. State of U.P. and others) in accordance with law within short stipulated period "

Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

Learned standing counsel has no objection to the same.

In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2- District Basic Education Officer, Kushinagar raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a copy of this order.

In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a computer generated/certified copy of this order along with representation is placed before him.

It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 8.7.2021

Rahul.

(Vivek Chaudhary, J.)