Allahabad High Court
Smt. Alpana Shrivastava vs State Of U.P.Thru. Its Prin. Secy. ... on 8 May, 2023
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31684
Court No. - 6
Case :- WRIT - A No. - 3340 of 2023
Petitioner :- Smt. Alpana Shrivastava
Respondent :- State Of U.P.Thru. Its Prin. Secy. Deptt. Of Basic Edu. Govt. Of U.P. Lko. And 3 Others
Counsel for Petitioner :- Pawan Kumar Pandey,Shashank Singh
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Rajnish Kumar,J.
Heard Sri Shashank Singh, learned counsel for the petitioner, learned Standing Counsel and Sri Sandeep Kumar Yadav, Advocate holding brief of Sri Ajay Kumar, learned counsel for the respondent nos.3 and 4.
There is consensus among learned counsel for the parties that this case is covered by the judgement and order dated 25.04.2023 passed in Writ A No.3081 of 2023(Praveen Kumar Mishra versus State of U.P. and others). The order dated 25.04.2023 is extracted hereinbelow:-
"Heard Mr. Vinay Kumar Misra, learned counsel for the petitioner, learned State Counsel appearing for opposite parties no.1 and 2 and Mr. Ajay Kumar, learned counsel for opposite parties no.3, 4 and 5.
Petition has been filed seeking the following reliefs:-
"(I) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to ensure admissibility of trained scale to the petitioner for November 1998 and pay arrears of the same for the period when the same was actually given in 2002.
(II) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to take a decision on the representation of the petitioner thereby treating him eligible for admissibility of trained scale, alongwith all consequential benefits from the date when the Moallim-E-Urdu certificate was issued holding the same to be valid training qualification.
(III) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.4 to take a decision for admissibility of trained scale together with its arrears from November 1998 in light of the decision so rendered by the Hon'ble Court in Special Appeal NO.1014 of 2006 dated 25.03.2019."
Learned counsel for the petitioner submits that the petitioner had obtained the Moallim-E-Urdu certificate on 20.07.1997 but the same was not recognized by the authority. It is submitted that in similar circumstances, a number of petitions had been filed and the matter has been given quietus by the judgment and order dated 25.03.2019 passed in Special Appeal No.1014 of 2006 (Ghulam Mustafa and Others Vs. State of U.P. and Others) wherein a person such as the petitioner has been treated to be trained teacher and admissible to the benefits thereof. For the said grievance the petitioner has already submitted a representation dated 07.01.2020. At present, learned counsel for the petitioner restricts his prayer for a direction to decide the same.
In view of the innocuous prayer being made by the learned counsel for the petitioner and without entering into the merits of the case, the opposite party no.4 i.e. District Basic Education Officer, District Faizabad/Ayodhya is directed to decide the representation dated 07.01.2020 by a reasoned and speaking order within a period of six weeks from the date of a copy of this order is produced before him taking into account the judgment and order dated 25.03.2019 in the case of Ghulam Mustafa (Supra).
With the aforesaid directions, the writ petition stands disposed off. "
In view of above and consensus among learned counsel for the parties, this writ petition is disposed of in terms of the aforesaid order dated 25.04.2023. The petitioner is also entitled for the benefit of the said order on the same terms and conditions.
Order Date :- 8.5.2023
Akanksha
