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2025 DAILYLAW 178710 (ALL)

BHANMATI DEVI v. STATE OF U.P. THRU. SECY. (BASIC EDUCATION) AND ANOTHER

/3224/2022 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 3224 of 2022 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioner and Shri Shivam Sharma, learned counsel for the respondent no.2. 2. The present petition has been filed with the following prayer: "i) to issue a writ, order or direction in the nature of MANDAMUS thereby commanding / directing the opposite parties to treat the petitioners as permanent and confirmed employees of the department since the date of their initial appointment and provide all consequential service benefits including pension by counting their entire length of their services rendered into the department as qualifying service for all purposes forthwith. ii) to pass any other suitable order or direction which this Hon'ble Court may deem fit, just and proper in the interest of justice. iii) to award the cost of the writ petition." 3. 3. On 25.05.2022, following order was passed: "Affidavit filed in support of the petition is of the son, and not of the petitioner. No reasons have been given as to why the son has filed the affidavit. Versus Counsel for Petitioner(s) : Mritunjay Tiwari, Ambrish Kumar Dwivedi, Amit Kumar Singh, Prashansa Singh Counsel for Respondent(s) : C.S.C., Shivam Sharma Bhanmati Devi .....Petitioner(s) State Of U.P. Thru. Secy. (Basic Education) And Another .....Respondent(s) The petitioner's counsel should go through the Full Bench decision in writ petition No. 534 (Cons.) of 2002, Syed Wasif Husain Rizvi v. Hasan Raza Khan & ors. List this case in July, 2022. " 4. After arguing at length, learned counsel for the petitioner submits that the ends of justice would sub-serve if, this Court allows the petitioner to move a fresh representation before the respondent no.2 and he may be directed direct to consider and decide the same, within the time fixed by this Court. 5. Learned counsel for the respondents has no objection to the aforesaid prayer. 6. Be that as it may, without entering into merits of the issue, I hereby dispose off this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation before the respondent no.2 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 15 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 further period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner, forthwith. December 15, 2025 V. Sinha WRIA No. 3224 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench