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2025 DAILYLAW 19442 (ALL)

NIRMALA DEVI v. DEPUTY DIRECTOR OF EDUCATION (SECONDARY) AND 3 OTHERS

WRIA/5587/2023 · 2025-05-13

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79686 Court No. - 7 Case :- WRIT - A No. - 5587 of 2023 Petitioner :- Nirmala Devi Respondent :- Deputy Director Of Education (Secondary) And 3 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The present writ petition is filed with the following prayer: "i. Issue a writ order or direction in the nature of mandamus commanding the respondent no.1-Deputy Director of Education (Secondary) 1st Region Meerut to sanction the pension of her late husband Brahm Singh by including the adhoc service rendered period to his regularization, while computing the qualifying service and further pay the arrears of pension and family pension due to the petitioner, within stipulated period, as may be fixed by this Hon'ble Court." 3. It is submitted by learned counsel for the petitioner that claim of sanction of pension by including the ad-hoc service rendered prior to his regularization is pending consideration before the respondent no.1, however, till date no order has been passed. The direction may be issued for expeditious disposal of the same. 4. Learned counsel for the petitioner further submits that the present matter is covered by the law laid down by this Court in Nand Lal Yadav vs. State of U.P. and others (Writ-A No. 5537 of 2023) decided on 07.12.2023. 5. Learned Standing Counsel does not dispute the aforesaid law laid down in Nand Lal Yadav (supra) and submits that claim of petitioner would be decided in a time bound manner. 6. In view of the aforesaid, the writ petition is disposed of with the direction to the petitioner to file a fresh representation for redressal of his grievances before respondent no.1-Deputy Director of Education (Secondary), 1st Region, Meerut within one month from the date of production of certified copy of this order. In the event such a representation is filed by the petitioner within the said period, it is expected that the same shall be considered and decided by the respondent no.1 within the next one month thereafter. 7. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law keeping in mind the law laid down in Nand Lal Yadav (supra). 8. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 14.5.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad