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2025 DAILYLAW 23689 (ALL)

PUSHPA DEVI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIA/2551/2025 · 2025-02-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28115 Court No. - 7 Case :- WRIT - A No. - 2551 of 2025 Petitioner :- Pushpa Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Pal Singh,Mannu Ram Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present petition with the following prayers:- i. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to formulate a policy for absorption of the petitioners and absorb them in any department of the State Government and pay them their regular salary as per their eligibility and ability. 2. Learned Standing Counsel placed reliance upon the affidavit filed in support of the petition sworn by Pushpa Devi whose age is mentioned as 62 years. He also placed reliance upon paragraph 12 of the petition and argued that the petitioners are itself accepted that their appointment are on the honorarium basis and they are permitted to work on honorarium basis for ten years and their appointments are not on regular basis. Relevant portion of paragraph 12 reads as follows:- "It is further submitted here that no doubt, the appointment was on honorarium basis, however, they were permitted to continue for more than 10 years." 3. In this view of the matter, a prayer has been made by learned Standing Counsel to dismiss the present petition with exemplary cost. 4. When a query has been made by this Court that when was the petitioners were appointed and where is the letter of appointment, it is accepted by learned counsel for the petitioners that by way of mistake, these facts could not be brought on record and a prayer has been made by learned counsel for the petitioners to dismiss the present petition as withdrawn with liberty to file fresh petition with better averments and documents 5. Accordingly, the present petition is dismissed as withdrawn with liberty as prayed. Order Date :- 28.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad