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2025 DAILYLAW 201670 (ALL)

RATNA PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. SECONDARY EDUCATION LKO. AND 4 OTHERS

/12079/2025 · 2025-10-14

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12079 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Since, the instant matter is decided at the admission stage, therefore, notice to opposite party no. 5 is hereby dispensed with. Heard learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the opposite parties no. 1 to 4. Instant writ petitioner has been filed with the following relief :- "(i)To issue a writ in the nature Mandamus commanding the opposite party No. 2 to consider the case of regularization of the late Husband of the petitioner Namely Arun Kumar Pandey while extending the benefit of the judgment and order dated 30.09.2024 passed in the case of Vinod Kumar Srivastava in writ-A NO. 21492/2023 as the District Inspector of School send a letter on 11.01.2021 and also the manager of the institution recommended for regularization within stipulated period in the interest of justice." Contention of learned counsel for the petitioner is that the husband of the petitioner was working on Versus Counsel for Petitioner(s) : Dinesh Kumar Mishra Counsel for Respondent(s) : C.S.C. Ratna Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Secondary Education Lko. And 4 Others .....Respondent(s) the post of Assistant Teacher and the benefit of the provisions contained in Section 33(C)/33(G) of the U.P. Secondary Education Services Selection Board Act,1982 (hereafter referred to as 'Act,1982') was available to the husband of the petitioner so as to consider his case regarding regularization of his services. He submitted that in the life time of the husband of the petitioner, the other identically situated persons/employees instituted Writ Petition No. 53 of 1998 (S/S), Devesh Kumar Yadav Vs Director, Secondary Education, Lucknow, wherein the Division Bench of this court passed the order on 27-07-2017 and the same relief has also been accorded to the husband of the petitioner in Writ Service Single No. 4516 of 1999. He added that the opposite parties have not considered the case for regularization of the services of the husband of the petitioner and even the claim of the petitioner, being the heir, has been rejected. He submitted that the interest of justice would be sub-served, if this Hon'ble court may be pleased to direct the opposite party no. 2 to consider the issue of regularization of services of husband of the petitioner in light of the order dated 27-07-2017 passed in Service Single No. 4516 of 1999 as the benefit of Judgment and Order passed in Service Single No. 53 of 1998, is also provided to the husband of the petitioner. Learned counsels for the opposite parties have no WRIA No. 12079 of 2025 2 objection to the contentions aforesaid. For the foregoing reasons and submissions, it is apparent that the husband of the petitioner in his life time, approached this court by way of instituting Writ Service Single No. 4516 of 1999, which has been decided vide order dated 27-07-2017 while according the benefit as was granted in Service Single No. 53 of 1998. The claim of the petitioner is that the services of the husband of the petitioner is liable to be regularized and even after passing of the order, eight years ago, the same has not been considered as yet, and the authorities are sitting tight over the matter. In view of the above submissions and discussions, the opposite party no. 2/Joint Director of Education, Devipatan Mandal, Ayodya/Chairman, Committee concerned, is hereby directed to consider and decide the claim of the husband of the petitioner as is directed vide order dated 27-07-2017, passed in Writ Petition Service Single No. 4516 of 1999, within the period of two months, from the date a certified copy of this order is produced before him. With the aforesaid observations, the instant writ petition is disposed of. October 14, 2025 AKS WRIA No. 12079 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench