Keshav Prasad Ojha vs State Of U.P. Thru. Addl. Chief Secy. Secondary

"1. Alok Kumar Tripathi, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 4.

2. Issue notice to opposite party No.5.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, petitioner has prayed for following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the Impugned order dated

10.12.2024 passed by opp. party No.3 Annexed with Annexure No.1 with this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to provide LT Grade Pay Scale with effect from 19.02.1991 to 19.02.1992 as per government order dated 24.05.2004 and 23.06.2005 expeditiously or within the time stipulated by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to pay all the consequential benefits to the petitioner and also to revise the pension of the petitioner accordingly expeditiously or within the time stipulated by this Hon'ble Court."

6. The precise contention of the learned counsel for the petitioner is that while passing the impugned order only this much has been indicated that the required documents have not been provided to the competent authority, therefore, the decision in term of the order of this Court which has been referred in the impugned order could not be taken. Therefore, learned counsel has stated that the aforesaid order has not been passed on merits. He has further submitted that the direction may be issued to the competent authority to take appropriate decision on merits, if those documents are provided.

7. Let counter affidavit be filed within a period of three weeks.

8. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

9. List this case in the week commencing 14th July, 2025 as fresh.

10. In the meantime, if the required documents are provided to the competent authority, any appropriate 2 WRIA No. 5498 of 2025 decision on merits may be taken and that decision, if any, may be enclosed with the counter affidavit. " Thereafter, several orders were passed on 11-11-2025,22-07-2025, 28-08-2025 and several dates were also fixed on 14-10-2025, 28-10-2025, 04-11-2025 and considering all those date fixed by this court and no response received by the learned counsel for the State, the order dated 16-12-2025 has been passed, which is extracted as under :- "On 11.11.2025, the following order was passed:- "On 22-05-2025, the following order was passed :- "1. Alok Kumar Tripathi, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 4.

2. Issue notice to opposite party No.5.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, petitioner has prayed for following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the Impugned order dated

10.12.2024 passed by opp. party No.3 Annexed with Annexure No.1 with this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to provide LT Grade Pay Scale with effect from 19.02.1991 to 19.02.1992 as per government order dated 24.05.2004 and 23.06.2005 expeditiously or within the time stipulated by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to pay all the consequential benefits to the petitioner and also to revise the pension of the petitioner accordingly expeditiously or within the time stipulated by this Hon'ble Court."

6. The precise contention of the learned counsel for the petitioner is that while passing the impugned order only this much has been indicated that the required documents have not been provided to the competent authority, therefore, the decision in term of the order of this Court which has been referred in the impugned order could not be taken. Therefore, learned counsel has stated that the aforesaid order has not been passed on merits. He has further submitted that the direction may be issued to the competent authority to take appropriate decision on merits, if those documents are provided.

7. Let counter affidavit be filed within a period of three weeks.

8. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

9. List this case in the week commencing 14th July, 2025 as fresh.

10. In the meantime, if the required documents are provided to the competent authority, any appropriate decision on merits may be taken and that decision, if any, may be enclosed with the counter affidavit." While passing the aforesaid order, the opposite parties were directed to file Counter Affidavit within three weeks. Alongwith that, there was also direction that if the required documents are provided to the competent authority, any appropriate decision will be taken on merits. Learned counsel for the State has failed to intimate this court that any decision has been taken as yet. As prayed, three weeks and no more time is granted to learned counsel for the State to file Counter Affidavit in compliance of the order dated 22-05-2025. While filing the Counter Affidavit, it shall also be intimated that whether any decision is taken on the documents preferred by the petitioner. List/put up this matter in the week commencing 15-12-2025." On query being asked, the State Counsel submits that though, the letter has been sent, but non-responded. In view of the above, the respondent no. 3/District Inspector of Schools, Pratapgarh, shall remain present 3 WRIA No. 5498 of 2025 before this Court alongwith the records on 17.12.2025 at 10:15 am, to show cause why he has not complied with the order passed by this Court, even after intimation of the same to him. List/put up this matter on 17.12.2025 at 10:15 am. " In compliance of the order aforesaid,the District Inspector of Schools, Pratapgarh is present in person before this court. Learned counsel appearing for the State submits that the letters dated 17-05-202, 24-07-2025 and 12-11- 2025 have been sent to the ACS, Secondary Education, Director, Secondary Education and District Magistrate, Pratapgarah, but, uptill passing of the order dated 16-12-2025, no instructions were received. On query being asked to the District Inspector of Schools, who is present in person before this court, he submitted that infact he has not received any of the letter, although he has tendered unconditional apology for inconvenience caused to this court. In view of the above, list/put up this matter on 19-12-2025 at 01.00 P.M. It is expected that the District Inspector of Schools shall pass fresh order ignoring the earlier order dated 10-12-2024 on the ground that the records were not provided by the Chairman of the Committee of Management."" In-compliance thereof, Mr. Ran Vijay Singh, learned counsel appearing for the District Inspector of Schools, has placed instructions dated 19.12.2025, wherein, the copy of order dated 18.12.2025 is appended and the same is taken on record and that shall be the part of the record. Referring the aforesaid, he submitted that decision has been taken in favour of the petitioner and he has been found entitled as he has claimed. In view of the above, the writ petition is disposed of and the authorities are directed to complete all the formalities regarding the entitlement of the petitioner, within period of four weeks. The personal appearance of District Inspector of Schools, Pratapgarh is hereby exempted. December 19, 2025 Mayank (Shree Prakash Singh,J.) MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

"1. Alok Kumar Tripathi, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 4.

2. Issue notice to opposite party No.5.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, petitioner has prayed for following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the Impugned order dated

10.12.2024 passed by opp. party No.3 Annexed with Annexure No.1 with this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to provide LT Grade Pay Scale with effect from 19.02.1991 to 19.02.1992 as per government order dated 24.05.2004 and 23.06.2005 expeditiously or within the time stipulated by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to pay all the consequential benefits to the petitioner and also to revise the pension of the petitioner accordingly expeditiously or within the time stipulated by this Hon'ble Court."

6. The precise contention of the learned counsel for the petitioner is that while passing the impugned order only this much has been indicated that the required documents have not been provided to the competent authority, therefore, the decision in term of the order of this Court which has been referred in the impugned order could not be taken. Therefore, learned counsel has stated that the aforesaid order has not been passed on merits. He has further submitted that the direction may be issued to the competent authority to take appropriate decision on merits, if those documents are provided.

7. Let counter affidavit be filed within a period of three weeks.

8. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

9. List this case in the week commencing 14th July, 2025 as fresh.

10. In the meantime, if the required documents are provided to the competent authority, any appropriate 2 WRIA No. 5498 of 2025 decision on merits may be taken and that decision, if any, may be enclosed with the counter affidavit. " Thereafter, several orders were passed on 11-11-2025,22-07-2025, 28-08-2025 and several dates were also fixed on 14-10-2025, 28-10-2025, 04-11-2025 and considering all those date fixed by this court and no response received by the learned counsel for the State, the order dated 16-12-2025 has been passed, which is extracted as under :- "On 11.11.2025, the following order was passed:- "On 22-05-2025, the following order was passed :- "1. Alok Kumar Tripathi, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 4.

2. Issue notice to opposite party No.5.

3. Steps be taken within a week.

4. Office to proceed accordingly.

5. By means of this petition, petitioner has prayed for following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the Impugned order dated

10.12.2024 passed by opp. party No.3 Annexed with Annexure No.1 with this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to provide LT Grade Pay Scale with effect from 19.02.1991 to 19.02.1992 as per government order dated 24.05.2004 and 23.06.2005 expeditiously or within the time stipulated by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to pay all the consequential benefits to the petitioner and also to revise the pension of the petitioner accordingly expeditiously or within the time stipulated by this Hon'ble Court."

6. The precise contention of the learned counsel for the petitioner is that while passing the impugned order only this much has been indicated that the required documents have not been provided to the competent authority, therefore, the decision in term of the order of this Court which has been referred in the impugned order could not be taken. Therefore, learned counsel has stated that the aforesaid order has not been passed on merits. He has further submitted that the direction may be issued to the competent authority to take appropriate decision on merits, if those documents are provided.

7. Let counter affidavit be filed within a period of three weeks.

8. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

9. List this case in the week commencing 14th July, 2025 as fresh.

10. In the meantime, if the required documents are provided to the competent authority, any appropriate decision on merits may be taken and that decision, if any, may be enclosed with the counter affidavit." While passing the aforesaid order, the opposite parties were directed to file Counter Affidavit within three weeks. Alongwith that, there was also direction that if the required documents are provided to the competent authority, any appropriate decision will be taken on merits. Learned counsel for the State has failed to intimate this court that any decision has been taken as yet. As prayed, three weeks and no more time is granted to learned counsel for the State to file Counter Affidavit in compliance of the order dated 22-05-2025. While filing the Counter Affidavit, it shall also be intimated that whether any decision is taken on the documents preferred by the petitioner. List/put up this matter in the week commencing 15-12-2025." On query being asked, the State Counsel submits that though, the letter has been sent, but non-responded. In view of the above, the respondent no. 3/District Inspector of Schools, Pratapgarh, shall remain present 3 WRIA No. 5498 of 2025 before this Court alongwith the records on 17.12.2025 at 10:15 am, to show cause why he has not complied with the order passed by this Court, even after intimation of the same to him. List/put up this matter on 17.12.2025 at 10:15 am. " In compliance of the order aforesaid,the District Inspector of Schools, Pratapgarh is present in person before this court. Learned counsel appearing for the State submits that the letters dated 17-05-202, 24-07-2025 and 12-11- 2025 have been sent to the ACS, Secondary Education, Director, Secondary Education and District Magistrate, Pratapgarah, but, uptill passing of the order dated 16-12-2025, no instructions were received. On query being asked to the District Inspector of Schools, who is present in person before this court, he submitted that infact he has not received any of the letter, although he has tendered unconditional apology for inconvenience caused to this court. In view of the above, list/put up this matter on 19-12-2025 at 01.00 P.M. It is expected that the District Inspector of Schools shall pass fresh order ignoring the earlier order dated 10-12-2024 on the ground that the records were not provided by the Chairman of the Committee of Management."" In-compliance thereof, Mr. Ran Vijay Singh, learned counsel appearing for the District Inspector of Schools, has placed instructions dated 19.12.2025, wherein, the copy of order dated 18.12.2025 is appended and the same is taken on record and that shall be the part of the record. Referring the aforesaid, he submitted that decision has been taken in favour of the petitioner and he has been found entitled as he has claimed. In view of the above, the writ petition is disposed of and the authorities are directed to complete all the formalities regarding the entitlement of the petitioner, within period of four weeks. The personal appearance of District Inspector of Schools, Pratapgarh is hereby exempted. December 19, 2025 Mayank (Shree Prakash Singh,J.) MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench