Petitioners sought release of salary; a prior order directed the DIOS, Deoria to decide the claim, who declined for want of competence. The High Court disposed of the writ petition directing the District Basic Education Officer, Deoria to take a decision on the grievance within a short period.
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Neutral Citation No. - 2025:AHC:10722
Court No. - 10
Case :- WRIT - A No. - 699 of 2025
Petitioner :- Sanjay Kumar Pandey And Another Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
This is second round of litigation. In first round of litigation, petitioner has approached this Court by way of filing Writ -A No.10085 of 2022, which was disposed of by an order dated 01.09.2022 that petitioner's claim for release of salary be considered by the DIOS, Deoria.
Sri Samarath Singh, learned counsel for petitioners submits that in pursuance of above referred order, DIOS, Deoria has passed order dated 07.01.2023 that in facts of present case, he is not competent authority, therefore, refused to pass an order to grant salary.
Learned counsel further submits that aforesaid referred order cannot be faulted, however, since now the matter has to be decided by District Basic Education Officer, respondent No.2 and since there is no specific order of this Court nor DIOS, Deoria has referred the matter to District Basic Education Officer for a decision, recent representation filed by petitioners to said Officer has not been considered.
Sri Dhirendra Pratap Singh, learned Standing Counsel for State submits that this writ petition may be disposed of that grievance of petitioner be now decided by District Basic Education Officer, Deoria.
In the aforesaid circumstances, though the DIOS, Deoria or its Higher Officer ought to have referred the matter to District Basic Education Officer, Deoria for consideration but since it has not been done, therefore, this writ petition is disposed of with an observation that District Basic Education Officer, Deoria will now take a decision on grievance of petitioner within short period.
Registrar (Compliance) to take steps.
Order Date :- 22.1.2025 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Which authority, the DIOS or the District Basic Education Officer, is competent to decide the petitioners' claim for release of salary?
Sanjay Kumar Pandey And Another
State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
