Chandra Mohan Singh And 4 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 11329 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 5528 of 2023
 

 
Petitioner :- Chandra Mohan Singh And 4 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashutosh Srivastava,J.

Heard Sri Santosh Kumar Shukla, learned counsel for the petitioners, learned Standing counsel, who has accepted notice on behalf of State-Respondents.

The present petition has been filed for issuance of writ of mandamus commanding the respondent authority to pay the stipend Rs. 2500/- per month to the petitioners from the date of joining in Special B.T.C. Training Course, 2004 till their appointment on the post of Assistant Teacher in Junior Basic School run by Board of Basic Education, U.P. Prayagraj in terms of Clause 3(12) of the Government Order dated 14.01.2004 as well as judgment rendered by this Court dated 18.02.2020 passed in Special Appeal No. (D) 532 of 2018, which has been affirmed by the Apex Court by order dated 11.07.2022 passed in Special Leave to Appeal No.137 of 2021 (State of U.P. and Ors. Vs. Vandana Singh & Others).

Learned counsel for the petitioners on the basis of above submits that the petitioners are entitled for the aforesaid amount of stipend.

Sri V.D. Ojha, learned Standing counsel although admits that the Special Leave to Appeal has been dismissed, however, he submits that the State Government has proposed to seek review of the aforesaid judgment and the direction for payment may not be ordered by this Court at this stage.

Considering the submissions advanced by the learned counsel for the parties, the Court is of the opinion that the petitioners may approach the Director, State Council of Educational Research and Training, Uttar Pradesh, Lucknow-Respondent No.3 by moving appropriate application clearly setting out their claim annexing the orders passed by this Court as well as by the Apex Court within two weeks from today annexing a certified copy of this order.

In the eventuality of such a representation being filed, it is expected that the Director, State Council of Educational Research and Training, Uttar Pradesh, Lucknow-Respondent No.3 may proceed to pass appropriate orders thereon, expeditiously preferably within a period of two months from the date of receipt of representation along with certified copy of this order.

Accordingly, the writ petition is disposed of.

Order Date :- 17.4.2023

Deepak/