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2025 DAILYLAW 20502 (ALL)

SMT. KAMINI PAL v. STATE OF U.P. AND 4 OTHERS

WRIA/2127/2025 · 2025-02-26

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27451 Court No. - 10 Case :- WRIT - A No. - 2127 of 2025 Petitioner :- Smt. Kamini Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. The petitioner, being a senior most lecturer, was appointed as an Officiating Principal in Government Girls Intermediate College, Pukhrayan, Kanpur Dehat on 27.07.2022, however, later on since he was put under suspension, therefore, one Kalpana Shukla, Head Mistress of Government Higher Secondary School, Pulander, Kanpur Dehat was given additional charge of Officiating Principal of said college. Sri Ashok Khare, learned Senior Counsel assisted by Sri Kauntey Singh, learned counsel for petitioner submits that petitioner remains successful in the challenge to suspension order and it was set aside by an order dated 18.10.2023 passed by this Court in Writ- A No.16285 of 2023. Learned Senior Counsel further submits that thereafter inquiry was concluded and petitioner was awarded a penalty of censure in January, 2025, however, prior to it, there was a direction in favour of petitioner that she may be handed over the charge of Officiating Principal but it was not executed. Now the petitioner, therefore, has filed present writ petition with a prayer that she may now be given charge of Officiating Principal, being undisputedly senior most lecturer in concerned college and there is no legal impediment even awarding the penalty of censure. Learned Senior Counsel further submits that there are other grievances which are mentioned in prayer No.2 which is reproduced hereinafter :- "(ii) forthwith sanction and disburse the withheld salary for the period of 56 days during which the petitioner was on medical leave and also withheld bonus for the year 2024 within a period to be specified by this Hon'ble Court." Learned Standing Counsel for State submits that though prior notice was given on 13.02.2025, however, till date he has not received any instruction. He fairly submits that if there is no legal impediment, the charge will be handed over to petitioner as Officiating Principal of concerned college within a short period and so far as grievance of second prayer is concerned, the prayer will also be considered. In the aforesaid circumstances, if there is no legal impediment, concerned respondent will communicate to petitioner within two weeks about second prayer and will hand over the charger of Officiating Principal to the petitioner. Accordingly, writ petition is disposed of with aforesaid observation and direction. Order Date :- 27.2.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad