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2025 DAILYLAW 136150 (ALL)

SWETA YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. BASIC EDU. CIVIL SECTT. LKO AND 3 OTHERS

WRIA/4469/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24724 Court No. - 3 Case :- WRIT - A No. - 4469 of 2025 Petitioner :- Sweta Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Civil Sectt. Lko And 3 Others Counsel for Petitioner :- Meva Lal Yadav,Harshita Gupta,Saddam Khan Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Ravi Prakash Yadav Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri M.L. Yadav, learned counsel for the petitioner, Sri Amit Kumar Rai, learned Addl. Chief Standing Counsel for opposite parties No. 1 & 2, Sri Ran Vijay Singh, learned counsel for opposite party No.3 and Sri Ravi Prakash Yadav, learned counsel for opposite party No.4 2. By means of this petition, the petitioner has prayed following relief:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party No.2 to consider and transfer the petitioner, which is pending under consideration, in the interest of justice. (ii) To issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party No.1 & 3 to take appropriate action upon the application of the petitioner dated 16.04.2025, contained as Annexure No.5 to the writ petition." 3. Learned counsel for the petitioner has stated that the petitioner, who is a widow lady having two minor children, seeking her transfer from District Mirzapur to District Ayodhya on account of compelling circumstances, for that she has preferred a representation to the competent authority but to no avail. Learned counsel for the petitioner has requested that the petitioner may be given a liberty to prefer a fresh representation to opposite party No.3 i.e. Secretary, Basic Shiksha Parishad, Prayagraj and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., Secretary, Basic Shiksha Parishad, Prayagraj ventilating her grievance taking all pleas and grounds which are available with her enclosing therewith the copy of her earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of one month from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. It is needless to say that while taking decision on the representation of the petitioner her bonafide grievance i.e. she is a widow lady having two minor children, may be considered sympathetically. 7. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 30.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench