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2025 DAILYLAW 100054 (ALL)

SMT ANJANI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIA/15059/2024 · 2025-04-28

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66848 Court No. - 6 Case :- WRIT - A No. - 15059 of 2024 Petitioner :- Smt Anjani Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shrawan Kumar Tripathi, learned counsel for petitioner and Sri Rajeshwar Tripathi, learned C.S.C. 2. This Court has passed following order on 06.03.2025 :- “1. Pursuant to order dated 05.03.2025, respondent no.2-Distrtict Basic Education Officer, Basti is present before this Court. 2.Learned Standing Counsel appearing on behalf of the respondent no.2 placed before this Court order dated 04.03.2025 passed by him, same is taken on record. 3. By the aforesaid order, direction was given by him to respondent no.3-Finance and Account Officer, Basic Education, Basti, District Basti as well as respondent no.4-Manager of the institution Sardar Patel Babu Verma Samajwadi Laghu Madhyamik Vidyalaya, Amrauli-Shamli District Basti to complete the entire pension papers of the petitioner within a period of one week and make pension along with arrears. The relevant portion of the order is extracted below:- “ अतत ववत एवव ललखखधधकखरर, बलधसक वशकख, बसतर सवहत सवसथख पबनधक, सरदखर पटलल बखबबरखम वमखर समखजवखदर लघघ मखधयवमक ववदखलय अमररलर -शघमखलर, बसतर कक आदलवशत वकयख जखतख हह वक शरमतर अवजनर दलवर सलवखवनववत सहखयक अधयखवपकख कल पपशन पतखवलर आदलश वनररमन वतधथ सल एक सपखह कल अनदर पबरर करखतल हहए पपशन सवहत समसत दलयतख कख ” भघरतखन सघवनवशत करप। 4. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondents and perused the record. 5. In the facts and circumstances of the case and also in the interest of justice, respondent no.3-Finance and Account Officer, Basic Education, Basti, District Basti as well as respondent no.4-Manager of the institution Sardar Patel Babu Verma Samajwadi Laghu Madhyamik Vidyalaya, Amrauli-Shamli District Basti are directed to comply with the order dated 04.03.2025 passed by the respondent no.2- District Basic Education Officer, Basti in letter and spirit within a period of three weeks from today and submit their compliance report on or before next date fixed in the matter. 6. It is made clear that in case the respondent no.4-Manager of the institution Sardar Patel Babu Verma Samajwadi Laghu Madhyamik Vidyalaya, Amrauli-Shamli District Basti will not comply with the order dater 04.03.2025 passed by the respondent no.2-District Basic Education Officer, Basti, the authorities concerned are free to initiate proceedings against the Manager of aforesaid institution in accordeance with law, failing which, Finance and Account Officer, Basic Education, Basti, District Basti as well as Manager of the institution shall remain present before this Court on the date fixed. 7. List this case on 07.04.2025 in the additional cause list. 8. Personal presence of officer concerned is exempted.” 3. In this matter, no notice was issued to respondent-4 i.e. Manager of concerned school. 4. Learned counsel for petitioner submits that aforesaid order has not been complied with and till date no action has been taken against concerned Manager. 5. Learned C.S.C. submits that an appropriate direction may be passed against respondents for complying aforesaid order. 6. In view of above, this writ petition is disposed of with following directions :- (1) Manager of school shall remain present before District Basic Education Officer, Basti on 06.05.2025 at 10 AM along with requisite documents related to petitioner. In default, the District Basic Education Officer, Basti will pass an order of single operation and thereafter on basis of relevant papers, further proceedings to give retiral benefits to petitioner including pension, if legally permissible, will be commenced. (2) The Finance Officer, Basti is also directed to take steps. (3) In case petitioner is constrained to approach this Court again in default of above directions, adverse order can be passed against concerned respondents including Manager of concerned School. 7. Registrar (Compliance) to take steps. Order Date :- 29.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad