Allahabad High Court
ABHINAY YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that the respondent must decide the petitioner's claim and pass a reasoned order within two months, after affording a proper hearing.
Summary
The petitioner, a part‑time instructor since 2013, was unable to attend duty after an accident on 19‑Oct‑2024 and received a show‑cause notice on 26‑Dec‑2024. He replied on 8‑Jan‑2025 but no decision was taken on his request for renewal of contract and payment of honorarium. The petitioner filed a writ petition seeking a direction to the District Basic Education Officer to renew his contract and decide his pending representation. The respondent had no objection to the prayer. The High Court disposed the petition, directing the respondent to decide the claim and pass a reasoned order within two months, after giving the petitioner a proper hearing.
Issues considered
- Whether the respondent is obligated to renew the petitioner's part‑time instructor contract and award honorarium after the petitioner’s accident and pending representation.
Subjects
- contract renewal
- part‑time instructor
- education
- writ petition
- direction
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15548 of 2026
Abhinay Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satish Chandra Dubey
Counsel for Respondent(s) : C.S.C., Nagendra Kumar Pandey
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, Mr. Nagendra Kumar
Pandey, learned counsel for the respondent-BSA and learned
Standing Counsel for the State-respondents.
The writ petition has been filed with the following prayers:-
"(i) Issue an appropriate writ, order or direction directing the respondents to renew the
petitioner's contract/services of Part Time Instructor and permit him to discharge his
duties as Part Time Instructor (Health and Physical Education) at Upper Primary
School Bhojpur, Block-Gunnaur, District Sambhal in pursuant of contract order dated
20.06.2013 issued by respondent no.2 and further to pay the monthly honorarium in
accordance with law.
(ii) Issue an appropriate writ, order or direction commanding the respondent no.2 to
take an appropriate decision in furtherance of petitioner's pending representation dated
24.08.2026 forthwith."
Learned counsel for the petitioner submits that the petitioner has
been working as a Part Time Instructor since 2013. Having met with
an accident, he could not attend his duty after 19.10.2024. In this
regard, a show cause notice was issued to the petitioner on
26.12.2024, to which he submitted a reply on 08.01.2025, but no
decision has been taken so far. Therefore, it is prayed that a direction
may be issued to respondent no.2 to pass an appropriate order, after
considering the petitioner's reply, in accordance with law, within a
stipulated period.
WRIA No. 15548 of 2026
2
Learned counsel for the respondent-BSA has no objection to the
aforesaid prayer.
In view of above, the writ petition is finally disposed of with a
direction to the respondent no.2, District Basic Education Officer,
District-Sambhal, to decide the claim of the petitioner and pass
appropriate order on the representation of the petitioner, in
accordance with law, after giving proper opportunity of hearing to
the petitioner, by means of passing a reasoned and speaking order, as
expeditiously as possible, preferably within a period of two months
from the date of production of certified copy of this order, if there is
no other legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 24, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
Checking your session…