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2025 DAILYLAW 119505 (ALL)

SARLA PATHAK v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. 4 OTHERS

WRIA/598/2022 · 2025-05-06

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26101 Court No. - 3 Case :- WRIT - A No. - 598 of 2022 Petitioner :- Sarla Pathak Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. 4 Others Counsel for Petitioner :- Vivek Kumar Srivastava Counsel for Respondent :- C.S.C.,Rahul Shukla,Uday Veer Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Dr. Uday Veer Singh, learned counsel for the opposite party Nos 3, 4 & 5. 2. Petitioner has prayed for a writ of mandamus commanding the opposite parties to pay her the arrears of salary w.e.f. 01.07.2015 up to the time she was allowed to rejoin on the post of Assistant Teacher/ Head Mistress. 3. Denial of payment of salary by Government Order dated 02.05.2017 for the period when the petitioner did not work came to be challenged before this Court in Writ Petition No.33360 of 2017 and the same was set aside. This judgment/order has been implemented by the opposite parties. The claim of the petitioner is identical to the other petitioners in whose favour the judgment was passed. Several orders have also been passed looking to the parity of claim and one such order is placed on record as Annexure No.4 to this writ petition. 4. Dr. Uday Veer Singh, learned counsel for the opposite party Nos.3, 4 & 5 does not dispute the position as aforesaid. 5. Therefore, the writ petition is disposed of in terms of the judgment dated 19.08.2017 passed in Writ Petition No.33360 of 2017 and the petitioner is also directed to be paid the salary on parity basis w.e.f. 01.07.2015 till she rejoined on 08.10.2025. [Rajesh Singh Chauhan,J.] Order Date :- 6.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench