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2025 DAILYLAW 11922 (ALL)

SMT AABHA RANI v. STATE OF U.P. AND 3 OTHERS

WRIA/1144/2025 · 2025-03-05

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32228 Court No. - 7 Case :- WRIT - A No. - 1144 of 2025 Petitioner :- Smt Aabha Rani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harsh Vardhan Gupta,Satyaveer Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The following order was passed on 31st January, 2025 by this Court:- "1. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "i) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.4 to make payment of salary of petitioner of the period i.e. 22.10.2011 to 25.10.2012 and payment of Medical Leave of 74 days, with panel interest of 18% since the date of her reinstatement in service. ii) Issue a writ, order or direction in the nature of mandamus to direct the Respondent No.4 to decide the representation filed by the petitioner dated 18.12.2023 within a reasonable time granted by This Hon'ble Court." 2. It is argued by the counsel for the petitioner that time and again letters were written by the Assistant Director of Education (Basic), Prayagraj Division, Prayagraj to the District Basic Education Officer, Kaushambi to decide the controversy but till date no decision has been taken. 3. Counsel for the petitioner placed reliance upon the letters dated 30.09.2021, 20.02.2023 and 16.01.2024, copy of which are appended at page nos. 35, 39 and 43 of the paper book. It is argued that inspite of the same, till date no decision has been taken, hence the present writ petition. 4. Shri Harsh Vardhan Gupta, learned counsel appearing on behalf of District Basic Education Officer, Kaushambi/ Respondent No.4 is directed to seek instructions in the matter by 20.02.2025. 5. Put up this matter as fresh on 20.02.2025." 2. Pursuant to the aforesaid order Sri Harsh Vardhan Gupta, learned counsel appearing on behalf of District Basic Education Officer, Kaushambi/Respondent No. 4 placed instructions before this Court dated 04.03.2025, the same is taken on record. 3. It is stated in the aforesaid instructions that after going through the records of the petitioner, the medical leave for a period from 22.10.2011 to 29.03.2012 total 160 days and 22.05.2014 to 03.08.2014 total 75 days was sanctioned vide order dated 04.03.2025 and Finance and Account Officer (Basic Education) Kaushambi and Block Education Officer, Muratganj were directed to comply with the aforesaid directions expeditiously. Operative portion of the aforesaid reads as follows:- "ययाचची कके प्रकरण कके सम्बन्ध मम इस कयाययार्यालय मम उपलब्ध पतयावलची कया परचीक्षण ककयया गयया एववं ययाचची कके प्रत्ययावकेदननों कया कवधधक कनस्तयारण करतके हहए ययाचची दयारया कचककत्सयावकयाश कके बयाद प्रस्ततुत कचककत्सया प्रमयाण पतनों कके आधयार पर कदनयावंक -22.10.2011 सके 29.03.2012 कतु ल 160 कदन एववं कदनयावंक- 22.05.2014 सके 03.08.2014 तक कतु ल 75 कदन कया कचककत्सयावकयाश इस कयाययार्यालय कके आदकेश सवंख्यया/733/2024-25 कदनयावंक-04.03.2025 दयारया कनयमयानतुसयार स्वचीकक त कर कवत्त एववं लकेखयाधधकयारची बकेधसक कशक्षया ककौशयाम्बची एववं खण्ड कशक्षया अधधकयारची - ममूरतगवंज कको ययाचची कया प्रकरण तत्कयाल कनस्तयाररत ककयके जयानके हकेततु कनदरकशत ककयया गयया हहै ।" 4. After going through the same, the Court is of the opinion that the relief sought for has already been granted. Hence no further orders are required to be passed and the petition is liable to be dismissed as having become infructuous. 5. Accordingly, the writ petition is dismissed as having become infructuous. 6. Needless to say that that the Finance and Account Officer (Basic Education) Kaushambi and Block Education Officer, Muratganj will comply with the order dated 04.03.2025 passed by District Basic Education Officer, Kaushambi as stated above in its letter and spirit most expeditiously and preferably within a period of four weeks from today failing which the petitioner is free to move a proper application in this writ petition itself. Order Date :- 6.3.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad