SMT. NEELIMA DWIVEDI v. STATE OF U.P. AND 4 OTHERS
WRIA/20903/2024 · 2025-03-16
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113579 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37133 Court No. - 6 Case :- WRIT - A No. - 20903 of 2024 Petitioner :- Smt. Neelima Dwivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ishir Sripat,Siddharth Agrawal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Manish Shukla, Advocate holding brief of Sri Ishir Sripat, learned counsel for petitioner and Ms. Shruti Malviya, learned Standing Counsel for State- Respondents. 2. This is second round of litigation. Petitioner has earlier approached this Court by way of filing Writ-A No. 52139 of 2014, which was disposed of by following order dated 28.02.2024:
"1. Sri Hardik Kishor, learned counsel for petitioner by referring a document annexed as Annexure-3 submits that institution concerned was brought into grant-in-aid in the year 1991-92, however, salary was not fixed in terms of order dated 15.07.1999 despite various representations were filed. 2. Sri L.M. Singh, learned Standing Counsel for State has referred counter affidavit filed by respondent-5 i.e. Finance and Accounts Officer, Basic Education Office, Mirzapur and refers paragraph 6 thereof which is quoted below -:
"6. That the contents of paragraph No. 12, 13 ad 14 of writ petition are incorrect hence denied. It is submitted that in spite of information given through letter dated 10.03.2015 and 10.07.2015 issued by office of the respondent No.5, certain information have been asked from the Manager/Principal Smt. Kshirad Kumar Balika Vidyalaya Sundarghat, Mirzapur but till date no such information as stated above have been received to the office of the respondent-5 and in absence of the required information the pay fixation of the petitioner is not possible."
3. As referred above, claim of petitioner was not considered since Management of concerned institution has not provided adequate and relevant information. 4. In this writ petition, Committee of Management is not a party, therefore, without going into merit of the case, this writ petition is disposed of with an
observation/direction to Committee of Management to provide all relevant documents to concerned respondent within four weeks since there is a legal obligation on Committee and thereafter concerned respondent will take appropriate decision within six weeks. 5. Petitioner will be at liberty to serve a copy of this order on Committee of Management. 6.
In case the petitioner constraints to approach this Court again, in case of default which may be a ground to pass adverse order against respondent concerned as well as Committee of Management concerned.”
3. Learned counsel for petitioner submits that thereafter Authorized Controller was appointed, however, till date prayer of petitioner has not been considered. 4. Learned Standing Counsel, on basis of instruction, submits that certain documents were sought from petitioner but the same have not been provided, therefore, according to her instruction, prayer to grant salary from State Exchequer cannot be accepted. However, she fairly submits that till date no communication is made to petitioner so far as above position is concerned. 5. In view of above, this writ petition is disposed of that petitioner’s claim be considered in accordance with law and in case there is any legal impediment, the same may be communicated to petitioner within a very short period, preferably within four weeks from today, so that petitioner may avail legal remedy, if so advised. Order Date :- 17.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad