Rakesh Kumar Yadav And 2 Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Rakesh Kumar Yadav And 2 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 17 October, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:65753
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
WRIT - A No. - 12513 of 2025   
 
   Rakesh Kumar Yadav And 2 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And 4 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Mishra, Dinesh Kumar Tripathi, Manish Nigam   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Kumar Ayush, Ran Vijay Singh   
 
     
 
 Court No. - 18
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.       

1. Heard learned counsel for the petitioners, Sri Amit Mishra, Sri Ravi Swarup Tewari,learned Additional Chief Standing counsel appearing on behalf of the respondent nos. 1 & 2, Sri Ran Vijay Singh, learned counsel for the respondents no. 2 and Sri Kumar Ayush, learned counsel for the respondents no. 4 & 5.

2. With the consent of learned counsels appearing on behalf of the contesting parties, the matter is being decided finally.

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 nos. 4 & 5 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 17, 2025

AKS