Jitendra Kumar Dwivedi vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Jitendra Kumar Dwivedi vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the innocuous prayer without entering merits: petitioner permitted to challenge the impugned order dated 24.05.2025 before the Regional Level Committee; petitioner to file application/representation with the writ petition and certified copy of this order within 10 days; Regional Level Committee to pass a reasoned order after hearing all affected parties, expeditiously, preferably within six weeks. Neither the certiorari nor the salary-with-interest mandamus relief was decided on merits.

Issue for consideration

Whether the impugned order dated 24.05.2025 passed by the District Inspector of Schools, Jaunpur should be quashed (certiorari sought in the writ petition). +1 more

Court's answer

Without entering into the merits of the case, and taking into account no objection from the other side, the Court allowed the innocuous prayer of learned counsel for the petitioner: the petitioner is permitted to challenge the impugned order dated 24.05.2025 of the District Inspector of Schools, Jaunpur before the Regional Level Committee by way of application/representation, which is to be disposed of expeditiously in a time-bound manner.

Ratio / Principle

The petitioner is directed to file the appropriate application/representation, together with the present writ petition and a certified copy of this order, before the Regional Level Committee within 10 days; the Regional Level Committee is directed to pass an appropriate and reasoned order in accordance with law after giving opportunity of hearing to all the affected parties, expeditiously, preferably within a period of six weeks.

Key takeaways

With the aforesaid observations/directions, the writ petition is disposed of.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Chandra Dhari Singh, J.), WRIT - A No. 12853 of 2025, Jitendra Kumar Dwivedi v. State of U.P. and 2 others — decided September 9, 2025. Petitioner had sought (i) quashing of the order dated 24.05.2025 passed by the District Inspector of Schools, Jaunpur and (ii) mandamus for payment of salary from his date of joining with admissible interest. Without entering into the merits, and with no objection from the State side, the Court allowed the innocuous prayer of counsel: the petitioner was permitted to challenge the impugned order before the Regional Level Committee by way of application/representation, to be filed within 10 days along with the writ petition and a certified copy of the order; the Regional Level Committee was directed to pass an appropriate and reasoned order in accordance with law after giving opportunity of hearing to all affected parties, expeditiously, preferably within six weeks. Writ petition disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 12853 of 2025

Jitendra Kumar Dwivedi

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

			.....Respondent(s)
Counsel for Petitioner(s)	: Prabhakar Singh	Awasthi,	Rajesh Kumar
Counsel for Respondent(s)	: C.S.C.
Court No.- 32

HON'BLE CHANDRA DHARI SINGH, J.

The instant writ petition has been filed with the following reliefs:-

"i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 24.05.2025 passed by District Inspector of Schools, Jaunpur (Annexure No.1 to the writ petition).

ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith extend payment of salary in favour of petitioner in lieu of discharge of his duties from the date when he joined the Institution alongside admissible interested therein."

Sri Prabhakar Awasthi, learned counsel appearing on behalf of petitioner after some length of argument on merit submitted that he may be permitted to challenge the impugned order dated 24.05.2025 passed by the District Inspector of Schools, Jaunpur before Regional Level Committee by way of application/ representation and Regional Level Committee may be directed to dispose of the same expeditiously in time bound manner.

Per contra, Sri Saurabh, learned Standing Counsel appearing on behalf of State-respondents vehemently opposed the instant petition on merits but he has no objection to the prayer made by learned counsel for the petitioner.

Heard Sri Prabhakar Awasthi, learned counsel for the petitioner, Sri Saurabh, learned Standing Counsel for the State-respondents and perused the contents made in the writ petition.

WRIA No. 12853 of 2025

2

5.Taking into consideration the prayer made by learned counsel for the petitioner and no objection from other side, without entering into the merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner.

Petitioner is directed to file appropriate application/representation along with the present writ petition and certified copy of this order before Regional Level Committee, within 10 days. Thereafter, the Regional Level Committee is directed to pass appropriate and reasoned order in accordance with law after giving opportunity of hearing to all the effected parties, expeditiously, preferably within a period of six weeks.

With the aforesaid observations/directions, the writ petition is disposed of.

(Chandra Dhari Singh,J.)

September 9, 2025

AKT

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad