Allahabad High Court
Mukesh Kumar And 4 Others vs State Of U.P. And 2 Others on 22 July, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 4876 of 2021 Petitioner :- Mukesh Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav Hon'ble Mahesh Chandra Tripathi,J.
Heard Mrs. Durga Tiwari, learned counsel for the petitioners and learned Standing Counsel for the State respondent. Shri A.K. Yadav has accepted notice on behalf of respondent no.3.
Present writ petition has been preferred for a direction to respondent no.3 i.e. District Basic Education Officer, Mathura to grant renewal of the services of the petitioner as Instructor and permit the petitioners to discharge their duties as Instructor in their Upper Primary School and for a further direction to respondent no.2 i.e. District Magistrate, Mathura/Chairman District Grievance Redressal Committee, Distt. Mathura to decide the application of the petitioner.
At the very outset, learned counsel for the petitioners states that controversy in hand has already been decided by this Court in Service Single No. 2173 of 2021 (Rajesh Kumar Vishwakarma v. State of U.P. & Ors.) vide order dated 29.1.2021 and as such similar indulgence may be accorded in this writ petition also. For ready reference, the order dated 29.1.2021 is quoted as under:-
"Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri P.K. Singh, Bisen, learned counsel for the opposite party No.4.
In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with as no prejudice is being caused to him by passing this order.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pass an order in respect of the renewal of the service of the petitioner for the post of Instructor, Physical Education, in the interest of justice;
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to permit the petitioner to continue as Instructor, Physical Education in terms of Government Order dated 31.01.2013, in the interest of justice;
(iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties directing them to pass an order to pay the revised honorarium amount @ Rs.17,000/- per month as revised by Central Government, in the interest of justice."
Learned counsel for the petitioner has submitted that in the identical issue, this Court at Allahabad has granted an interim order dated 08.09.2020 in Writ-A No.6356 of 2020; Prabhu Shanker and 6 others vs. State of U.P. & others.
Learned counsel for the petitioner has also submitted that for redressal of his grievance the petitioner has preferred representations dated 24.07.2019 and 27.07.2019 to the District Basic Education Officer, Pratapgarh but no decision has been taken on the same till date.
Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer fresh representation to the opposite party No.4 i.e. the District Basic Education Officer, Pratapgarh ventilating his grievance and the direction may be issued to him to consider and decide the representation of the petitioner with expedition.
Learned counsel for the opposite parties has no objection if direction for disposal of the said representations is issued.
In view of the above, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to the opposite party No.4 i.e. the District Basic Education Officer, Pratapgarh raising all his pleas and grounds which are available with him annexing therewith copy of his earlier representations and the relevant documents in support of his claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of two months from the date of presentation of a certified copy of this order along with the representation and the decision thereof be communicated to the petitioner forthwith.
In view of the aforesaid terms, the writ petition is disposed of finally."
So far as factual and legal aspect is concerned, the same could not be disputed by learned counsel for the respondents.
In view of the above, without entering into merits of the issue, the petitioners are permitted to prefer a fresh representation to the opposite party No.3 i.e. the District Basic Education Officer, Mathura raising all their pleas and grounds which are available with them annexing therewith copy of their earlier representations and the relevant documents in support of their claim within a period of fifteen days from today, and if any such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioners, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of two months from the date of presentation of a copy of this order along with the representation and the decision thereof be communicated to the petitioners forthwith.
In view of the aforesaid terms, the writ petition is disposed of finally.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.7.2021 A.K.Srivastava