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2025 DAILYLAW 178279 (ALL)

SEEMA SRIVASTAVA v. STATE OF U.P. THRU. SECY. EDU. BASIC LKO. AND 4 OTHERS

WRIA/12658/2025 · 2025-10-30

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12658 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Pradeep Tiwari, learned counsel for the respondent nos. 4 & 5 and Mr. Ran Vijay Singh, learned counsel for the respondent no.3, Mr. Saharsh, learned Additional Chief Standing Counsel for the State and perused the material on record. Instant petition has been filed seeking following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party no. 4 to ensure payment/ reimbursement of the deducted salary of the petitioner for the month of July 2025 and August 2025 by taking in to consideration the fact that the petitioner was on medical leave and the same period had duly been approved by the opposite party no. 5, in the interest of justice. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 4 to take a decision on the representation of the petitioner for reimbursement/payment of the deducted salary of the petitioner for the month of July 2025 and August 2025 by taking in to account the fact that the petitioner was on duly sanctioned medical leave, in the interest of justice." Learned counsel for the petitioner, after argument at length, submits that the interest of justice would be sub-served if this Hon'ble Court is pleased to give liberty to the petitioner to move fresh representation before the Versus Counsel for Petitioner(s) : Vinay Misra Counsel for Respondent(s) : C.S.C., Pradeep Tiwari, Ran Vijay Singh Seema Srivastava .....Petitioner(s) State Of U.P. Thru. Secy. Edu. Basic Lko. And 4 Others .....Respondent(s) respondent no.4 within fifteen days and direct the respondent no.4 to consider and decide the same in accordance with law, within stipulated period of time as may be fixed by this Court. Learned counsels for the respondents have no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to move fresh representation before the respondent no.4 /District Basic Education Officer, District Lucknow within fifteen days and in case such representation is moved, the respondent no.4 is directed to consider and decide the same in accordance with law, within further period of six weeks. Needless to say that if authorities reach to the conclusion with respect to entitlement of payment of the claim, the same shall be paid to the petitioner forthwith. With the aforesaid observations, the writ petition is disposed of. October 30, 2025 Ram Murti WRIA No. 12658 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench