Awadesh Singh vs State of U.P. Thru. Prin. Secy. Secondary Education Civil Secretariat , Lko and 7 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 3671 of 2026

Awadesh Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Secondary Education Civil Secretariat , Lko And 7 Others

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.....Respondent(s) Counsel for Petitioner(s) : Ajay Pratap Singh, Raghvendra P. Singh Counsel for Respondent(s) : C.S.C., Abhineet Jaiswal, Ran Vijay Singh

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Court No. - 21

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HON'BLE MANJIVE SHUKLA, J.

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Heard Shri Ajay Pratap Singh, learned counsel for the petitioner, learned Standing Counsel appearing for Respondent Nos.1 to 5 and Shri Ran Vijay Singh, learned Additional Chief Standing Counsel for Respondent No.8.

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In view of the proposed order, requirement of issuance of notice to Respondent Nos. 6 and 7 is hereby dispensed with.

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The captioned writ petition has been filed by the petitioner inter alia praying therein for the following relief(s);-

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"(i) To issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order 10.3.2026 passed by the District Inspector of Schools, Ayodhya i.e. opposite party no. 4 contained as Annexure No. 2 to the writ petition.

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ii) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to make payment of the arrears of the salary to the petitioner from 8.7.2023 to 1.6.2025 for the post of Lecturer Biology as no default has been committed by the petitioner in the joining at transferred place and further the Opposite Parties may be directed to provide all the consequential benefits to the petitioner by including the service period of the petitioner 8.7.2023 to 1.6.2025 accordingly in the interest of justice.

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(iii) To issue a writ, order or direction in the nature of MANDAMUS

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WRIA No. 3671 of 2026

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commanding the Opposite Parties to make payment of interest on the arrears of the salary to the petitioner along with the rate of 14.5%, in the interest of justice.

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(iv) To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case.

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(v) To award the cost of this petition in favour of the petitioner."

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It has been contended on behalf of the petitioner that he was transferred from Kulchhetra Singh Inter College Mahrora, DistrictHathras to Shyam Sunder Saraswati Inter College, Ayodhya and in pursuance of the transfer, he was relieved from Kulchhetra Singh Inter College Mahrora, District-Hathras on 07.07.2023. It has further been contended that the petitioner had made his best efforts to join at the place of his transfer i.e. at Ayodhya but for one reason or the other, he was not allowed to join, and ultimately, the Director had passed an order whereby the petitioner's transfer has been cancelled and thereafter, he joined in his original college at Hathras on 01.06.2025.

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Learned counsel appearing for the petitioner has argued that the petitioner is entitled for payment of salary for the period from 08.07.2023 till 01.06.2025, as he was willing to join on his transferred place and without there being any justifiable reason and without there being any fault attributable to him, he was prevented from discharging his duties during the aforesaid period. It has further been argued that the District Inspector of Schools, Ayodhya had taken decision in the matter vide order dated 10.03.2026 and had rejected petitioner's claim for payment of salary solely on the ground that he has not performed any work at District-Ayodhya during the period from 08.07.2023 to 01.06.2025.

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Learned counsel for the petitioner has vehemently argued that this matter can be considered and decided only at the level of Director, Secondary Education, U.P., Lucknow as it involves colleges at two districts i.e. District-Hathras and District-Ayodhya.

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Learned Additional Chief Standing Counsel appearing for Staterespondents does not have any serious objection if the matter is referred to Respondent No.2 to consider and decide the same by

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WRIA No. 3671 of 2026

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passing a speaking and reasoned order after hearing all the parties concerned.

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I have considered the arguments advanced by learned counsels appearing for the parties and I find that the matter can be resolved if the entire case is considered by Respondent No.2 after providing opportunity of hearing to all the parties concerned.

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Accordingly, this writ petition is disposed of with liberty to the petitioner to file a fresh representation before Respondent No.2 within a period of ten days from today and on filing of representation, Respondent No.2 is hereby directed to consider the entire case and pass a speaking and reasoned order after affording opportunity of hearing to all the concerned parties. The aforesaid exercise shall be completed by Respondent No.2 within a period of two months from the date of presentation of certified copy of this order.

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It is also directed that if Respondent No.2, ultimately, comes to the conclusion that the petitioner is entitled for salary for the period from 08.07.2023 to 01.06.2025, the same shall be paid within one month from the date of decision taken by Respondent No.2.

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April 28, 2026 akhilesh/-

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(Manjive Shukla,J.)

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Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Awadesh Singh v. State of U.P. Thru. Prin. Secy. Secondary Education Civil Secretariat , Lko and 7 Others

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Awadesh Singh v. State of U.P. Thru. Prin. Secy. Secondary Education Civil Secretariat , Lko and 7 Others

Case brief

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