SMT. DISHA v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION DEPTT. U.P. LKO. AND 4 OTHERS
WRIA/3676/2025 · 2025-04-07
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131979 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19505 Court No. - 3 Case :- WRIT - A No. - 3676 of 2025 Petitioner :- Smt. Disha Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Virendra Kumar Dubey Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Virendra Kumar Dubey, learned counsel for the petitioner, Sri Daya Shanker Tiwari, learned Addl. C.S.C. for the opposite parties no. 1 and 2 and Sri Prashant Kumar Singh,
learned counsel for the opposite parties no. 3 and 4. Since there is no Authorized Controller of the institution concerned, therefore, no notice is required to be issued to opposite party no. 5. By means of this petition the petitioner has prayed following relief :
"(i) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to ensure payment of salary to the petitioner on which she was given compassionate appointment vide order dated 12.07.2024, Annexure No. 11 and pursuant to which she submitted joining in the forenoon of 15.07.2024, Annexure No. 12 to the writ petition, within some reasonable time. (ii) to issue writ order or direction in the nature of mandamus directing ad commanding the opposite parties to make the payment of arrears of salary w.e.f. 15.07.2024 till date the opposite parties started payment of regular monthly salary, within some reasonable time."
Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 3 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time. With the consent of parties the writ petition is disposed of finally at the admission stage. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no. 3 i.e. Zila Basic Shiksha Adhikari, Hardoi taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed
to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of six weeks from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith.It is needless to say that if there is no legal impediment, the grievance of the petitioner may be redressed within aforesaid stipulated time. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 7.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench