ARCHANA JAUHARI v. STATE OF U.P. THRU. PRIN. SECY. HIGHER EDU. LKO. AND 2 OTHERS
WRIA/2302/2025 · 2025-07-18
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125638 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41286 Court No. - 5 Case :- WRIT - A No. - 2302 of 2025 Petitioner :- Archana Jauhari Respondent :- State Of U.P. Thru. Prin. Secy. Higher Edu. Lko. And 2 Others Counsel for Petitioner :- Rama Shankar Singh,Ajay Kumar Shukla,Anupesh Kumar,Rajmani Yadava Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the State respondents. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.
Learned counsel for the petitioner at the very outset states that the instant writ petition has been filed praying for return of the original service book of the petitioner but the relevant rule was indicated as sub Rule 138-A instead of 136-A referring to the provisions of Financial Handbook Volume II of the Uttar Pradesh Fundamental Rules, Subsidiary Rules, Delegations and Forms. The contention is that the Rule 136-A provides that in case an employee is retired and his pension has been sanctioned finally, the service book can be returned to him. It is thus contended that there cannot be any occasion for the respondents to not return the original service of the petitioner once petitioner retired on attaining the age of superannuation on 31.11.20122 and the final pension has also been sanctioned.
Learned counsel for the petitioner after arguing at some length submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent No.2 which may be directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel has no objection. In view of the above, it is provided that in case the petitioner submits a representation within ten days from today before the respondent No.2 then the respondent No.2 shall endevour to decide the same by means of a reasoned and speaking order within a further period of four weeks from the date of receipt of a certified copy of this order along with representation. With the aforesaid direction, writ petition is disposed of.
Order Date :- 18.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench