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2025 DAILYLAW 202741 (ALL)

SMT. SHASHI SINGH @ SHASHI KUMARI v. STATE OF U.P.THRU SECY. BASIC EDUCATION AND ORS.

WRIA/29016/2021 · 2025-10-28

Shree Prakash Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 29016 of 2021 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Learned counsel for the State, Sri Ran Vijay Singh, learned counsel for the opposite party no. 3/Basic Shiksha Parishad, Sri Shailendra Singh Rajawat, learned counsel for the opposite party no. 4, Sri Anurag Verma, learned counsel for the opposite party no. 5 and perused the record. The present writ petition has been filed challenging the order dated 18-11-2019 passed by the District Basic Education Officer, Amethi, whereby the salary of the petitioner has been stopped since 18-11- 2019. Contention of learned counsel for the petitioner is that on basis of a complaint, certain documents were examined, wherein it was found that one Girish Kumar Yadav, has tampered the original documents/records of the petitioner and has shown himself to having the degree of B.Ed course and obtained an appointment in the district basic education department, whereafter, it was found that Girish Kumar Yadav was involved in tampering such documents and he was was sacked out from the service. He submitted that there is no fault on the part of the petitioner and documents/records of B.Ed. degree of the petitioner is genuine and she is suffering without there being any fault. Versus Counsel for Petitioner(s) : Avadhesh Mishra, Rashi Gupta, Sanjay Kumar Dubey Counsel for Respondent(s) : C.S.C., Ajay Kumar, Anurag Verma, Prashant Arora, Ran Vijay Singh, Shailendra Singh Rajawat Smt. Shashi Singh @ Shashi Kumari .....Petitioner(s) State Of U.P.Thru Secy. Basic Education And Ors. .....Respondent(s) He also submitted that even after several letters and reminders sent by the District Basic Education Officer to the Director regarding instructions for payment of the salary to the petitioner, the same is still pending consideration and no decision has been taken as yet. He submitted that the petitioner is suffering hard as her payment of salary has not been done since 18-11-2019 because of the fault on the part of the other persons. He submitted that the Secretary, Basic Education Board, Prayagraj, may be directed to take a fresh decision on the matter that whether the B.Ed. degree of the petitioner is genuine or not. Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid. Considering the submissions of learned counsels for the parties and after perusal of records, particularly the fact that the salary of the petitioner on the post of Assistant Teacher in the basic education department has been held since the year,2019 and the decision has yet not been taken by the Director, on the instructions sought by the District Basic Education Officer. The opposite party no.3/Secretary, Basic Education Board, Prayagraj is hereby directed to rectify the situation while taking a decision on the genuineness of the B.Ed. degree of the petitioner within the period of one month from the date a certified copy of this order is produced before him. Needless to say that if the B.Ed. degree of the petitioner is found genuine, the petitioner shall be paid her salary, for the period, it was stopped. With the aforesaid observations, instant writ petition is hereby disposed of. October 28, 2025 AKS WRIA No. 29016 of 2021 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench