Shravan Kumar Dwivedi vs State of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Lko. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 958 of 2026

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Shravan Kumar Dwivedi

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Lko. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Ravi Singh, Shambhavi Singh Counsel for Respondent(s) : C.S.C., Shailendra Singh Rajawat, Sharad Kumar Shukla

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Court No. - 18

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HON'BLE SHREE PRAKASH SINGH, J.

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Writ A No. 13243 of 2025 is de-linked from the present Writ A No. 958 of 2026.

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Heard Mr. Ravi Singh, learned counsel for the petitioner, Mr Pradeep Kumar Singh, learned counsel for the State, Mr Shailendra Singh Rajawat, learned counsel for the opposite parties no. 2 & 3, Mr Vijay Kumar Yadav, Advocate, holding brief of Mr Sharad Kumar Shukla, learned counsel for the opposite party no. 4 and perused the record.

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

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"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to release and pay the subsistence allowance lawfully payable to the petitioner for the period of suspension, including the months from April 2025 to August 2025, along with all consequential arrears;

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(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to release and pay full salary and admissible allowances to the petitioner from the date of his reinstatement pursuant to the stay of suspension order dated 14.11.2025, including the salary for the months of November and December 2025, forthwith;

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(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents and the concerned Bank to immediately defreeze the petitioner's

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WRIA No. 958 of 2026

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2

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bank account bearing No. 51010100006099 maintained with Baroda Uttar Pradesh Bank, Varishganj Branch, District Amethi, so as to enable the petitioner to access his salary and personal funds;

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Contention put forth by learned counsel for the petitioner is that petitioner's subsistence allowance for five months as well as the salary since 14-11-2025, which has been incredited in the account of the petitioner, bearing account no.51010100006099, maintained with Baroda Uttar Pradesh Bank, Varishganj Branch, District Amethi, may be disbursed to the petitioner. He submitted that the account of the petitioner has been freezed in the month of March, 2025 and he is not claiming any amount deposited prior the month of March, 2025 which is said to be freezed as the same might be the subject matter of the enquiry, which is being conducted by the enquiry officer, after it was contemplated.

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He further argued that the subsistence allowance of five months as well as the salary after he is reinstated in service, has not been paid as yet. He submits that the authorities concerned may be directed to make the payment of the same and the bank may also be directed so as to defreeze the account to the extent of payment of the subsistence allowances of five months as well as the payment of salary.

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Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid.

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In view of the abovementioned submissions, the opposite parties no. 2 & 3 i.e. Basic Education Officer, District Amethi and Finance and Account Officer, Basic Education Department, Amethi are hereby directed to make payment of the subsistence allowances of five months, as well as the payment of salary, which has not been paid as yet, for which the petitioner is entitled for, within the period of six weeks, from the date a certified copy of this order is produced before them.

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It is also provided that the salary account of the petitioner shall not be treated to be freezed account to the extent of further disbursement

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WRIA No. 958 of 2026

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3

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of amount of salary etc. send by the employer department.

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With the aforesaid observations, the writ petition is hereby disposed of.

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(Shree Prakash Singh,J.)

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February 6, 2026

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AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shravan Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Lko. and 3 Others

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Shravan Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Lko. and 3 Others

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