Allahabad High Court
Ghanshyam Mishra And 5 Others vs State Of U.P. And 3 Others on 9 September, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:158918
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13305 of 2025
Ghanshyam Mishra And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Bhanu Pratap Singh
Counsel for Respondent(s)
:
C.S.C., Shashi Prakash Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Bhanu Pratap Singh, learned counsel for the petitioner, Mr. Hare Ram, learned Standing Counsel for the State-respondent, Mr. Shashi Prakash Singh, learned counsel for the respondent nos.2 to 4 and perused the record.
The present writ petition has been filed inter-alia for the following reliefs:-
"I. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondents (specially respondent no.2, 3 & 4) to sanction, release and make the actual disbursement of amount of leave encashment (????? ???????) in favour of petitioners alongwith compound interest either at the rate of 18% or at the rate and within the time as stipulated by this Hon'ble Court considering the judgment dated 16.11.2021 passed by this Hon'ble Court in WRITA No.10788 of 2021 (Badri Nath Tiwari vs. State of U.P. and 3 Others), judgment dated 06.01.2023 passed in SPECIAL APPEAL No.702 of 2022 (The Finance Controller, Basic Shiksha Parishad vs. Badri Nath Tiwari And 3 Others), SLP (Civil) No. (s) 36259 of 2016 (U.P. Basic Shiksha Parishad Vs. Phul Chandra Mishra and others) and the judgment passed in regard to payment of interest on delayed payment in WRIT-A No. 6269 of 2024 (Smt Tanuja vs. State of U.P. and 3 Others) dated 15.05.2024; as referred by the respondent no.3 on 04.07.2025 to the respondent no.2 for grant of permission of such payment.
II. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondents (specially respondent no.3 & 2) to decide the petitioners' representations received in the office of respondent no.3 dated 11.06.2025 and 23.06.2025 (Annexure No.8 to this writ petition) and forward to the respondent no.2 through registered dated 12.06.2025 as the same are still pending as undecided before them.
III. Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.
IV. Award costs of the writ petition to the petitioners."
Learned counsel for the petitioners submits that for ventilation of their grievances, the petitioners have approached the authority concerned by moving representations. However, despite several representations moved by the petitioners, no heed has yet been paid.
Learned counsel for the respondents-BSA submits that in case petitioners move fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioners may make fresh application/representation, ventilating all their grievances along with all the relevant documents, as may be advised, before the respondent no.3; District Basic Education Officer, Azamgarh within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 9, 2025
Jitendra/-
