SMT. PUSHPA PANDEY v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH DEPTT. LKO. AND 3 OTHERS
WRIA/12577/2025 · 2025-10-30
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179069 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12577 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr. Rama Niwas Pathak, learned counsel for petitioner and learned State Counsel for opposite parties. 1A. Supplementary affidavit filed today is taken on record.
2. Petition has been filed challenging order dated 03.10.2025 whereby petitioner's services as Asha Worker have been dispensed with.
3. Learned counsel for petitioner submits that the aforesaid impugned order has been brought on record as SA-1 to the supplementary affidavit and clearly indicates that petitioner's services have been terminated merely on the ground of a complaint being made against her. It is submitted that prior to passing of impugned order, no opportunity of hearing whatsoever was provided.
4. Learned State counsel has not been provided with any instructions.
5. Upon consideration of submissions advanced by
learned counsel for petitioner, material available on record and particularly upon perusal of impugned
order dated 03.10.2025, it is evident that petitioner's services as Asha Worker have been Versus Counsel for Petitioner(s) : Rama Niwas Pathak Counsel for Respondent(s) : C.S.C. Smt. Pushpa Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And 3 Others .....Respondent(s)
dispensed with merely on the ground of complaint dated 02.10.2025. From the order, it is evident that impugned order has been passed within one day of the complaint being made and evidently neither any show cause notice nor any opportunity of hearing was provided to petitioner.
6. Considering aforesaid, the impugned order dated 03.10.2025 is clearly vitiated for non-adherence to principles of natural justice and is therefore quashed by issuance of writ in the nature of certiorari granting liberty to opposite parties to pass fresh orders in accordance with law but only after issuing a show cause notice to petitioner and affording opportunity of hearing to her while also discussing the grounds taken by her in her defence. For the said purpose, petitioner shall be reinstated in service which shall be subject to final orders passed. 7.Resultantly, petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.
October 30, 2025 Subodh/- WRIA No. 12577 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench