High Court

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Manvendra Singh, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Smt. Archana Singh, learned counsel for respondent No.2 & 3.

2.It is argued by learned Senior Counsel that wholly illegally the order of transfer has been passed against the petitioner on the basis of the forgery committed by the respondent No.4/Vishwendra Vikram Singh Chauhan. It is further argued that criminal complaint has already been moved by the petitioner before the S.H.O. Police Station Bewar District Mainpuri on 23.07.2024. It is stated in the supplementary affidavit that in this regard, various complaints have been made by the petitioner from time to time before the respondent No.3/District Basic Education Officer, Mainpuri, copy of which were appended as Annexure No.SA No.1 & 2 to the supplementary affidavit. It is argued that considerable time has already been lapsed in the matter but till date no final decision has been taken in the matter.

3. It is argued by Smt. Archana Singh, learned counsel for respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj that in case, the petitioner will submit fresh complaint before the respondent No.2, he will take a decision the same expeditiously.

4. Heard learned counsel for the parties and perused the record.

5. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition is disposed of permitting the petitioner to submit fresh complaint before the respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj within three days from today along with the certified copy of this order. In case, the petitioner will file fresh complaint before the respondent No.2, the respondent No.2 will decide the same expeditiously and preferably within a period of two weeks from the date of submission of complaint before him but after providing opportunity of hearing to respondent No.4/Vishwendra Vikram Singh Chauhan.

6. It is made clear that respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj will decide the matter independently and without influencing any observations made by this Court.

7. For a period of three weeks, no coercive action will be taken against the petitioner.

4. On the basis of the aforesaid, it is argued by Sri Manvendra Singh, learned counsel for respondent Nos.2 & 3 that since fraud has been committed by the petitioner, the salary has not been paid to the petitioner.

5. When a query has been made by this Court regarding the decision taken by the respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj pursuant to the order dated 31.07.2024 passed by this Court as quoted above.

6. In reply to the same, it is informed by Sri Manvendra Singh, learned counsel for respondent Nos.2 & 3 that till date no decision has been taken by the respondent No.2 pursuant to the order dated 31.07.2024 passed by this Court though the final hearing in the matter has already been concluded on 13.09.2024.

7. Heard learned counsel for the parties and perused the record.

8. From perusal of the record, it is clear that pursuant to the order dated 31.07.2024 passed by this Court by which a direction was given to respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj to take a decision in the matter expeditiously but till date no decision has been taken in the matter though the hearing has already been concluded in the matter in the month of September, 2024.

9. In this view of the matter, the respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj is directed to file his personal affidavit regarding the decision taken by him within ten days.

10. Put up as fresh on 17.02.2025."

3. Pursuant to the aforesaid, personal affidavit has been filed by Smt. Archana Singh, learned counsel for the Secretary, U.P. Basic Education Board, Prayagraj today in the Court, same is taken on record.

4. It is stated in paragraph-5 of the aforesaid affidavit that decision has already been taken by the Secretary of the Board on 13.01.2025 on the representation made by the petitioner, copy of which is appended as annexure-1 to the aforesaid affidavit. It is further stated that pursuant to the aforesaid, decision has already been taken by the respondent no.3 on 14.02.2025 by which a direction was given to make the payment of salary to the petitioner.

5. After going through the same, the Court is of the opinion that the relief sought for by the petitioner in the present writ petition has already been granted hence no further order is required to be passed.

6. In this view of the matter, present writ petition is dismissed as infructuous. It is made clear that respondents namely District Basic Education Officer as well as Finance and Accounts Officer in the office of District Basic Education Officer is directed to comply with the order dated 14.02.2025 in its letter and spirit without any further delay. Order Date :- 17.2.2025 Pramod Tripathi

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Manvendra Singh, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Smt. Archana Singh, learned counsel for respondent No.2 & 3.

2.It is argued by learned Senior Counsel that wholly illegally the order of transfer has been passed against the petitioner on the basis of the forgery committed by the respondent No.4/Vishwendra Vikram Singh Chauhan. It is further argued that criminal complaint has already been moved by the petitioner before the S.H.O. Police Station Bewar District Mainpuri on 23.07.2024. It is stated in the supplementary affidavit that in this regard, various complaints have been made by the petitioner from time to time before the respondent No.3/District Basic Education Officer, Mainpuri, copy of which were appended as Annexure No.SA No.1 & 2 to the supplementary affidavit. It is argued that considerable time has already been lapsed in the matter but till date no final decision has been taken in the matter.

3. It is argued by Smt. Archana Singh, learned counsel for respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj that in case, the petitioner will submit fresh complaint before the respondent No.2, he will take a decision the same expeditiously.

4. Heard learned counsel for the parties and perused the record.

5. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition is disposed of permitting the petitioner to submit fresh complaint before the respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj within three days from today along with the certified copy of this order. In case, the petitioner will file fresh complaint before the respondent No.2, the respondent No.2 will decide the same expeditiously and preferably within a period of two weeks from the date of submission of complaint before him but after providing opportunity of hearing to respondent No.4/Vishwendra Vikram Singh Chauhan.

6. It is made clear that respondent No.2/Secretary, Basic Shiksha Parishad Prayagraj will decide the matter independently and without influencing any observations made by this Court.

7. For a period of three weeks, no coercive action will be taken against the petitioner.

4. On the basis of the aforesaid, it is argued by Sri Manvendra Singh, learned counsel for respondent Nos.2 & 3 that since fraud has been committed by the petitioner, the salary has not been paid to the petitioner.

5. When a query has been made by this Court regarding the decision taken by the respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj pursuant to the order dated 31.07.2024 passed by this Court as quoted above.

6. In reply to the same, it is informed by Sri Manvendra Singh, learned counsel for respondent Nos.2 & 3 that till date no decision has been taken by the respondent No.2 pursuant to the order dated 31.07.2024 passed by this Court though the final hearing in the matter has already been concluded on 13.09.2024.

7. Heard learned counsel for the parties and perused the record.

8. From perusal of the record, it is clear that pursuant to the order dated 31.07.2024 passed by this Court by which a direction was given to respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj to take a decision in the matter expeditiously but till date no decision has been taken in the matter though the hearing has already been concluded in the matter in the month of September, 2024.

9. In this view of the matter, the respondent No.2/Secretary, Basic Shiksha Parishad, Prayagraj is directed to file his personal affidavit regarding the decision taken by him within ten days.

10. Put up as fresh on 17.02.2025."

3. Pursuant to the aforesaid, personal affidavit has been filed by Smt. Archana Singh, learned counsel for the Secretary, U.P. Basic Education Board, Prayagraj today in the Court, same is taken on record.

4. It is stated in paragraph-5 of the aforesaid affidavit that decision has already been taken by the Secretary of the Board on 13.01.2025 on the representation made by the petitioner, copy of which is appended as annexure-1 to the aforesaid affidavit. It is further stated that pursuant to the aforesaid, decision has already been taken by the respondent no.3 on 14.02.2025 by which a direction was given to make the payment of salary to the petitioner.

5. After going through the same, the Court is of the opinion that the relief sought for by the petitioner in the present writ petition has already been granted hence no further order is required to be passed.

6. In this view of the matter, present writ petition is dismissed as infructuous. It is made clear that respondents namely District Basic Education Officer as well as Finance and Accounts Officer in the office of District Basic Education Officer is directed to comply with the order dated 14.02.2025 in its letter and spirit without any further delay. Order Date :- 17.2.2025 Pramod Tripathi