Neutral Citation No. - 2025:AHC:140470 Court No. - 52 Case :- WRIT - A No. - 17276 of 2024 Petitioner :- Sunita Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the petitioner and Mr. Mohit Dixit, learned Advocate holding brief of Mr. Kaushlesh Pratap Singh, learned counsel for respondent no. 4. 2. The instant petition has been filed with following prayers:- "(a) Issue, a writ order or direction in the nature of mandamus commanding the respondent no. 4 and 5 i.e. District Basic Education Officer, Auraiya and Finance and Account Officer, Basic Education Auraiya, District Auraiya respectively to pay the arrears of salary of the petitioner from November 2019 to July 2020 till date forthwith along with suitable interest. (b) Issue, a further writ order or direction in the nature of mandamus commanding the respondent no. 4, District Basic Education Officer Auraiya to decide representation/application of the petitioner within stipulated time as may be fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that petitioner was appointed as Assistant Teacher on 11.03.1997 at Prathmik Vidyalaya Chandpur, Ajitmal, District Etawah (Presently District Auraiya) and she was promoted on 31.08.2006 and was further promoted on 03.12.2013 the post of Headmaster. Between the year 2004 to 2014 the petitioner was suffering with hearing problems and after checking of his ears a physical disability certificate was issued on 05.03.2013 from office of Chief Medical Officer, Auraiya, District- Auraiya. 4. He further submits that the aforesaid certificate was never used by the petitioner while seeking appointment as Assistant Teacher or for promotion. He submits that few persons had availed appointment/promotion on the basis of physical disability certificate, pertaining to whom there were allegations that they were not suffering from such physical disability and a complaint was made against the said persons, in which petitioner's name was also included. Further on the basis of an order, dated 01.11.2019 the salary of the petitioner was withheld from November, 2019 without any reason. He next submits that neither the petitioner has been suspended or dismissed nor any disciplinary proceedings have been initiated against the petitioner. 5. Learned counsel for respondent submits that pursuant to the complaint in question the petitioner along with some other persons were directed to get them medically examined, however, no such medical examination report was placed, therefore, she is not entitled for the relief as sought by her. 6. On 13.11.2024 the following order was passed:- "Sri Kaushlesh Pratap Singh, learned counsel for the respondent-BSA on the basis of instructions submits that petitioner is availing disability allowances. She has to get her disability reassessed. The petitioner is required to get her disability certificate reassessed. The petitioner shall appear before the competent Medical Board to be constituted by the CMO on 28.11.2024. The Board shall draw the certificate and submit the same before the BSA by the next date of listing. Put up this matter in the list of fresh cases on 10.12.2024. Learned Standing Counsel to communicate a copy of this order to CMO, Auraiya. The CMO shall also file an affidavit disclosing the cause for withholding the salary of the petitioner." 7. On 17.12.2024 the following order was passed:- "It has been submitted on behalf of the State that the Chief Medical Officer had referred the petitioner to the ENT Specialist at Uttar Pradesh University of Medical Sciences, Saifai, Uttar Pradesh for BERA and other relevant examination. A copy of recommendation of the Chief Medical Officer shall be sent to the ENT Specialist at the Saifai Hospital. The Saifai Hospital shall conduct the examination as recommended by the Chief Medical Officer. The medical examination shall take place on 26.12.2024. In the meantime, the BSA shall file his affidavit. The BSA shall appear in person and disclose the cause for failure of disbursal of salary dues of the petitioner. The petitioner shall also file an affidavit as to why she did not go for medical checkup to Saifai despite recommendation of the Chief Medical Officer." 8. In compliance of the aforesaid orders a committed was constituted by the concerned Chief Medical Officer, before whom the petitioner has appeared and the medical examination reports have been placed along with supplementary affidavit, filed in February, 2025. However, noticing that the said medical examination reports have been filed along with supplementary affidavit wherein no opportunity has been given to the concerned respondents to verify the authenticity and veracity of the same. 9. In view of above facts and circumstances, this petition is disposed of with a direction to respondent no. 4- District Basic Education Officer, Auraiya, District Auraiya, to verify the authenticity of the said medical examination reports, annexed with supplementary affidavit, and other relevant documents, in case the petitioner moves a fresh representation, along with the said documents, within a period of two weeks, and pass a reasoned and speaking order after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. It is also observed that the authenticity of the disability certificate as well as whether appointment or promotion has been sought by the petitioner by taking the benefit of said disability certificate, shall also be verified by respondent no. 4- District Basic Education Officer, Auraiya, District Auraiya while passing the order on the petitioner's representation. Order Date :- 18.8.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad