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2025 DAILYLAW 134844 (ALL)

REKHA SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECONDARY EDUCATION LKO. AND 4 OTHERS

WRIA/4184/2025 · 2025-04-22

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22517 Court No. - 3 Case :- WRIT - A No. - 4184 of 2025 Petitioner :- Rekha Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 4 Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Karunakar Srivastava, learned counsel for the petitioner and Sri Vivek Kumar Shukla, learned Addl. Chief Standing Counsel for the State-opposite parties no.1, 2 & 3. 2. In view of the proposed order, notices to opposite parties no.4 & 5 are hereby dispensed with. 3. By means of this petition, the petitioner has prayed following main relief:- "I. Issue a writ, order or direction in the nature of 'Mandamus' commanding the opposite party no.2 & 3 to ensure the payment of family pension as well as death cum post retiral dues to the petitioner who is widow of late Badri Vishal Shukla after considering regularization under section 33-G of U.P. Secondary Education Services Selection Boards Act 1982 in pursuance of order dated 27.03.2017 in writ petition no.6266/2017 (S/S), Badri Vishal Shukla Vs. State of U.P. and others along with consequential benefits within stipulated period in the interest of justice." 4. Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.1 of the writ petition, which is an order dated 27.03.2017 passed by this Court in Service Single No.6266 of 2017, Badri Vishal Shukla Vs. State of U.P. through Secretary, Secondary Education, Civil Secretariat, Lko. & Ors., which was filed by the husband of the petitioner wherein positive direction was issued considering the case of the husband of the petitioner for regularization. No decision has been taken by the competent authority in compliance of the aforesaid order dated 27.03.2017. The husband of the petitioner died and the petitioner has suffered paralytic attack. 5. An innocuous request has been made that direction may be issued to opposite parties no.2 & 3 to take appropriate decision in the present issue. Learned counsel for the petitioner has also stated that the petitioner may be permitted to prefer a fresh representation to opposite parties no.2 & 3 and direction may be issued to decide the same with expedition. 6. Learned counsel for the opposite parties has no objection if direction for disposal of the representation is issued. 7. Therefore, without entering into merits of the issue, liberty is given to the petitioner to prefer a fresh representation to opposite parties no.2 & 3 i.e. the Joint Director of Education, Prayagraj Mandal, Prayagraj and the District Inspector of Schools, Pratapgarh respectively taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authorities concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, considering the order dated 27.03.2017 (supra) passed in the petition filed by the husband of the petitioner, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith. 8. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 22.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench