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2025 DAILYLAW 156093 (ALL)

DIKSHA JAYSAWAL v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ GOVT. OF U.P. LKO. AND 6 OTHERS

/8802/2025 · 2025-08-06

Abdul Moin

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45633 Court No. - 4 Case :- WRIT - A No. - 8802 of 2025 Petitioner :- Diksha Jaysawal Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Govt. Of U.P. Lko. And 6 Others Counsel for Petitioner :- Prashant Vikram Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, Dr. Uday Veer Singh, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 to 5 & 7 and Sri Mohan Singh, learned counsel for the respondent no. 6. The petitioner was initially appointed in October, 2021 on the post of Panchayat Shayak/ Data Entry Operator. Her services were terminated on 05.11.2024. Upon a writ petition being filed against the termination order, the writ Court in Writ-A No. 447 of 2025 Inre; Diksha Jaysawal Vs. State of U.P and Ors vide order dated 20.01.2025 disposed of the writ petition giving liberty to the petitioner to submit a representation for the redressal of her grievances before the District Magistrate, Ayodhya who was required to consider the same and pass a reasoned and speaking order. It is contended that in pursuance thereof, the District Magistrate, Ayodhya vide order dated 30.03.2025, a copy of which is annexure 1 to the writ petition has indicated that the termination of the contractual services of the petitioner is not in accordance with the relevant Government orders and has directed that the action should be taken in pursuance to the Government order dated 25.07.2021. The Government order dated 25.07.2021 has been filed as annexure 4 to the writ petition which categorically provides in Clause 10 (vii) that the contractual services would be initially for a period of one year and can be renewed for a maximum period of two years i.e three years in total. The Division Bench of this Court in Public Interest Litigation No. 447 of 2025 Inre; Durgesh Kumar Vs. State of U.P and Ors; 2025:AHC-LKO:28497-DB has directed the Principal Secretary, Panchayat Raj, Government of U.P, Lucknow to take necessary action regarding violation of the Government order dated 25.07.2021 which clearly postulates the term of employment beyond which it cannot be extended and that the Gram Panchayat are acting contrary to the Government order dated 25.07.2021. Once admittedly the petitioner has already rendered three years of service which would be in consonance with the Government order dated 25.07.2021 and even the District Magistrate, Ayodhay has directed for strict compliance of the Government order dated 25.07.2021 as well as considering the Division Bench judgment of this Court in the case of Durgesh Kumar (shukla) nothing further can be done in the matter as admittedly, the contractual services cannot be continued beyond a period of three years. The writ petition is dismissed. Order Date :- 6.8.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench