Krishan Kumar Sharma And 32 Others vs State Of Up And 3 Others
2024 Latest Caselaw 38468 ALL

Allahabad High Court

Krishan Kumar Sharma And 32 Others vs State Of Up And 3 Others on 21 November, 2024

Author: Ajay Bhanot

Bench: Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181836
 
Court No. - 6
 

 
Case :- WRIT - A No. - 18178 of 2024
 

 
Petitioner :- Krishan Kumar Sharma And 32 Others
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
 

 
Hon'ble Ajay Bhanot,J.
 

Heard Shri Kamal Kumar Kesherwani, learned counsel assisted by Shri Akash Kushwaha, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1-State and Shri Shashi Prakash Rai, learned counsel for the respondents No. 2 to 4.

The petitioners claim that they are working as Incharge Head Master/Principal in their respective schools and they are entitled to salary of the said post. A representation in this regard has been made to the competent authority which has not been decided till date. Learned counsel for the petitioners has placed reliance upon the judgment rendered by this Court in Smt. Raj Kishori Kushwaha Vs. State of U.P. and 5 others, Writ A No. 3863 of 2018.

The only prayer made by learned counsel for the petitioners is that the representation of the petitioners may be decided within a stipulated period of time.

Learned Standing Counsel for the respondent No.1-State and Shri Shashi Prakash Rai, learned counsel for the respondents No. 2 to 4 submit that the matter requires factual determination as per applicable law by the competent authority in the first instance. However, they fairly contend that their claims for regular salary are liable to be decided by the competent authority within a reasonable time frame.

In wake of the preceding discussion and without going into the merits of the case, the District Basic Education Officer, Gautam Buddha Nagar is directed to decide the representation of the petitioners regarding their claims for regular salary of Head Master/Principal within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.

With the aforesaid direction, the writ petition is finally disposed of.

Order Date :- 21.11.2024

Jaswant