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2025 DAILYLAW 141545 (ALL)

NANCY YADAV v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL EDUCATION LKO. AND 3 OTHERS

WRIA/5835/2025 · 2025-05-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33480 Court No. - 3 Case :- WRIT - A No. - 5835 of 2025 Petitioner :- Nancy Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Medical Education Lko. And 3 Others Counsel for Petitioner :- Sivendra Kumar Srivastav,Neeraj Chandra Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava,Shubham Tripathi Hon'ble Rajesh Singh Chauhan,J. 1.Heard learned counsel for the petitioner, Sri Ravi Swaroop Tiwari, learned Additional Chief Standing Counsel for the State-opposite party Nos.1 and 2 and Sri Shubham Tripathi, learned counsel for the opposite party No.3 and Sri Gyanendra Srivastava, learned counsel for the opposite party No.4. 2.By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to release the salary of the petitioner for maternity leave period for 22.12.2023 to 20.06.2024 for which she is entitled as per Government Order dated 11.11.2024. (ii) to issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party No.2 to take decision on letter dated 07.01.2025 sent by respondent No.3 contained as Annexure No.10 to this writ petition." 3. Learned counsel for the parties have submitted that the controversy in question may be decided in terms of order dated 29.05.2017 passed by the Division Bench of this Court in Civil Misc. Writ Petition No.24627 of 2017; Dr. Rachna Chaurasiya vs. State of U.P. & others and vide order dated 01.02.2023 passed by this Court in Writ-A No.587 of 2023; Ayasa Parveen vs. State of U.P. & others. 4. Therefore, without entering into merits of the issue, this writ petition is being disposed of finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Director General, Medical Education & Training, U.P., Lucknow taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents in support of her claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law and also in the light of the Division Bench judgment of this Court dated 29.05.2017 passed in re:Dr. Rachna Chaurasiya (supra) and dated 01.02.2023 passed by this Court in re: Ayasa Parveen (supra) verifying the applicability of the aforesaid judgments in the issue in question, with expedition preferably within a period of six weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 5. In view of the aforesaid terms, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 30.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench