Neutral Citation No. - 2025:AHC:50608 Court No. - 6 Case :- WRIT - A No. - 9733 of 2008 Petitioner :- Smt. Sushma Jain Respondent :- State of U.P. and Others Counsel for Petitioner :- K.M. Asthana,Saumya Srivastava Counsel for Respondent :- C.S.C.,Jitendra Kumar,Rajesh Yadav Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition was filed in the year 2008 when original petitioner (a woman) was aged about 51 years. 2. During pendency of this writ petition, original petitioner died on 19.05.2013 when she was aged about 56 years and now her daughter has been arrayed as her legal heir. 3. According to Sri Kushagra Srivastava, learned counsel for petitioner, prayer of original petitioner to grant pay scale of Trained Teacher could immediately be considered on basis of Circular/Government Order dated 24.04.2002 as she has completed 5 years of teaching and he refers paragraph 12 of it which is quoted below :- “12. That on 27.11.2000, the petitioner has completed 5 years of continuous regular service as Assistant Teacher in untrained grade in primary school under the respondents in pursuance to her appointment and joining dated 27.11.1995 and is deemed as regular as untrained teacher and is lawfully entitled for trained grade of pay scale under the respondents w.e.f. the said date in accordance with the Government order dated 24.04.2002 issued by the State Government.” 4. Learned counsel further submits that since this writ petition is pending from 2008, therefore, claim of petitioner was not considered though there was a recommendation by District Basic Education Officer, Lalitpur by a communication dated 18.11.2003 which is also part of record. 5. Learned Standing Counsel submits that claim of petitioner can still be considered. 6. Considering aforesaid submissions as well as contents of Government Order dated 24.04.2002, this writ petition is disposed of with an observation that claim of original petitioner be considered in accordance with law and requisite benefit be granted to her legal heir strictly in terms of above referred Government Order. 7. While deciding aforesaid issue, in case any legal impediment arises, the concerned respondent shall intimate about the same to legal heir of petitioner. Order Date :- 8.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad