Asheesh Kumar And 43 Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Asheesh Kumar And 43 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 16 October, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:64831
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
WRIT - A No. - 12238 of 2025   
 
   Asheesh Kumar And 43 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Basic Education Lko. And 4 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Arun Kumar Tripathi, Devesh Singh, Durgesh Kumar Pathak   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Prashant Kumar Singh, Ran Vijay Singh   
 
     
 
 Court No. - 18
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.      

1. Heard Mr. Dinesh Kumar Verma, learned counsel for the petitioners, Mr. P.K. Singh learned Additional Chief Standing Counsel appearing on behalf of the respondent no.1 & 3, Mr. Ran Vijay Singh, learned counsel for the respondent no. 2 & 4 and Mr. Prashant Kumar Singh, learned counsel for the respondent no.5.

2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

3. Contention of the learned counsel for the petitioners is that the petitioners have been given the officiating charge of the post of Headmaster yet are not being paid salary of the said post.

4. Contention is that this aspect of the matter has already been considered by the Division Bench of this Court in a bunch of appeals leading being Special Appeal No. 652 of 2024 Inre; Secretary, UP Basic Education Board and Ors Vs. Tripurari Dubey and Ors- 2025: AHC:67382-DB which judgment in turn has been affirmed with the dismissal of the Special Leave to Appeal vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025.

5. Further contention is that the respondents be directed to consider the claim of the petitioner in the light of the Division Bench judgment of this Court in the case of Tripurari Dubey (supra).

6. Learned counsel appearing on behalf of the contesting respondents do not dispute the aforesaid question of law as decided by the Division Bench of this Court in the case of Tripurari Dubey (supra).

7. Considering the aforesaid, the instant writ petition is disposed of with the direction to the respondent no. 3 to consider the claim of the petitioner for being given the salary to the post of Headmaster- In charge in accordance with law and the relevant rules as well as the Division Bench judgment of this Court in the case of Tripurari Dubey (supra) which consideration would be done within a period of six weeks from the date of receipt of a certified copy of this order.

(Shree Prakash Singh,J.)

October 16, 2025

Ram Murti