Court No. - 39
Case :- WRIT - A No. - 14774 of 2019 Petitioner :- Gopal Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Bahadur Singh,Sudha Yadav Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Ashok Kumar Yadav, learned counsel for respondent nos. 2 and 3.
Learned counsel for the petitioner submits that he was appointed as Assistant Teacher in Junior Basic School run by Board of Basic Education U.P. Allahabad on 27.03.1991 and later on, he was promoted as Assistant Teacher in Senior Basic School. Pursuant to circular dated 14.06.2013, he was promoted on the post of Head Master in Senior Basic Schools (Junior High School) in pay scale of Rs. 9300-34800, grade pay 4800 (new pay scale) with immediate effect. He next submits that circular dated 14.06.2013 was challenged in Writ A No. 35951 of 2013 (Pradeep Kumar Saxena and another Vs. State of U.P. and others) and this Court vide order dated 5.7.2013 stayed the effect and operation of the impugned circular dated 14.06.2013, but petitioner was neither reverted back nor any direction was issued for restraining him for working as Head Master at any point of time and the petitioner was continuing working on the same post. He superannuated on 31.03.2017, but he has not been paid pay scale of Rs. 9300-34800, grade pay 4800 (new pay scale). He next submits that similarly situated Head Master has filed Writ A No. 19933 of 2015 (Braj Bhushan Sharma and 10 others Vs. State of U.P. and 2 others) and Writ A No. 8960 of 2018 (Shimla Devi and 9 others Vs. State of U.P. and 3 others), which were disposed of vide orders dated 10.04.2015 and 29.03.2018 and to the best knowledge of the petitioner, they have been paid the pay scale of Rs. 9300-34800, grade pay 4800 (new pay scale). For redressal of his grievance, he has moved representation dated 11.06.2019 before respondent no. 3, but till date, the same has not been decided. Lastly, he submits that a suitable direction may be issued to respondent no. 3 to consider the representation of the petitioner and decide the same within stipulated time.
Sri Ashok Kumar Yadav, learned counsel for respondent nos. 2 and 3 submits that representation of the petitioner shall be considered and decided at the earliest in accordance with law.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 3 to consider the representation of the petitioner dated 11.06.2019 and decide the same strictly in accordance with law maximum within a period of eight weeks from the date of production of certified copy of the order considering all relevant Rule, Government Orders and order dated 5.7.2013 passed in Writ A No. 35951 of 2013 as well as orders dated 10.04.2015 and 29.03.2018 passed in Writ A Nos. 19933 of 2015 (Braj Bhushan Sharma and 10 others Vs. State of U.P. and 2 others) and 8960 of 2018 (Shimla Devi and 9 others Vs. State of U.P. and 3 others) respectively.
Order Date :- 26.9.2019 Arvind