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Mohd. Arif & Ors. vs State Of U.P. Thru. Addl. Chief ...

High Court Of Judicature at Allahabad|24 August, 2021

JUDGMENT / ORDER

Heard Sri Vinod Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Rahul Shukla, learned counsel for the opposite party Nos.3 and 4.
By means of this writ petition, the petitioner has prayed for the following relief:-
"(i) to issue a writ, order or direction in the nature of mandamus or likewise for direction to the opposite party Nos.3 and 4 to decide the representation of the petitioner dated 16.06.2020 (Annexure no.2) and pay the increment which has been reduced from salary of the petitioners from the month of May, 2020 as well as refund the amount reduced from the salary of the petitioners regarding stopped increment and without giving any notice or opportunity of hearing to the petitioners which is wholly illegal, arbitrary rather void having being done illegally in the utter violation of the principles of natural justice and without application of mind."
Learned counsel for the petitioners has submitted that for redressal of their grievances the petitioners have preferred representation to the competent authority but no appropriate decision has been taken on the same till date. By means of Annexure No.2, the petitioners have annexed one representation.
Learned counsel for the petitioners has further submitted that the petitioners are ready to prefer fresh representations to the Competent Authority, therefore, they may be permitted to prefer fresh separate representation to the opposite party No.4 i.e. the Finance & Accounts Officer, Basic Shiksha, District-Barabanki and the direction may be issued him to consider and decide the representations of the petitioners with expedition.
Learned counsel for the opposite parties has no objection if direction for disposal of the said representation is issued.
In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioners to prefer a fresh separate representation to the opposite party No.4 i.e. the Finance & Accounts Officer, Basic Shiksha, District-Barabanki raising all their pleas and grounds which are available with them for disposal of the representations annexing therewith copy of their earlier representation and the relevant documents in support of their claim within a period of ten days from today, and if any such representations are preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representations of the petitioners, strictly in accordance with law by a speaking and reasoned order, with expedition, preferably within a period of two months from the date of presentation of a certified/computerized copy of this order along with representation and the decision thereof be intimated to the petitioners forthwith.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 24.8.2021 Suresh/
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Title

Mohd. Arif & Ors. vs State Of U.P. Thru. Addl. Chief ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
24 August, 2021
Judges
  • Rajesh Singh Chauhan