Neutral Citation No. - 2025:AHC:50782 Court No. - 6 Case :- WRIT - A No. - 51953 of 2009 Petitioner :- Manorama Respondent :- State of U.P. and Others Counsel for Petitioner :- Rajesh Gupta,Kuldeep Sinhg Chahar Counsel for Respondent :- C.S.C.,Ashok Kr.Yadav,Kamal Kishor Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri K.S.Chahar, learned counsel for the petitioner and Sri M.L.Gupta, learned Standing Counsel. 2. This Court has passed following order on 8.10.2009: "Learned counsel for the petitioner prays for and is permitted to implead Digpal Singh son of Kedar Nath with his address as respondent no.5 in the writ petition This is necessary in view of the allegations levelled against him and the fact that he was the complainant where after the inquiry was conducted and the services of the petitioner have been dispensed with. Let the necessary amendment be carried out during the course of the day. The petitioner claims appointment on compassionate basis before her marriage being the adopted daughter of Late Manta Devi. It is contended that the petitioner was unmarried and was dependent on the said Manta Devi when she was appointed on compassionate basis. After her marriage in the year 2008 the petitioner's husband's real brother, who is the respondent no.5 herein on account of personal vengeance submitted a complaint alleging that the petitioner had already been married way back in the year 2003 and that she had a son who was six years old. In view of this the very basis of adoption and the claim of compassionate appointment was questioned on the basis of the material supplied by the complainant. The Assistant Basic Education Officer conducted an enquiry and a report was submitted on the basis whereof the impugned order has been passed cancelling the appointment of the petitioner. Learned counsel for the petitioner contends that the order has been passed without intimating the petitioner about the said inquiry by the Assistant Basic Education Officer and further without considering the reply of the petitioner where the petitioner in para 4 has given a full and complete explanation with regard to the fake nature of the complaint made by the respondent no.5. It is contended that the impugned order does not even take notice of the said explanation afforded by the petitioner and reasons have not been recorded for discarding the same. Accordingly the impugned order has been passed in violation of principles of natural justice. Learned counsel for the respondent nos. 2 and 3 Sri Shivendra Singh prays for and is granted three weeks to file counter affidavit. Rejoinder affidavit may be filed within one week thereafter. Issue notice to respondent no.5 returnable within three weeks. Steps shall be taken within three days. All the respondents may file counter affidavit within the aforesaid period. Keeping in view the submissions advanced the operation of the order dated 1.8.2009 shall remain stayed until further order However, the petitioner shall not be paid her salary which shall be subject to any order passed by this Court alter exchange of affidavits." 3. Learned counsel for the petitioner submits that petitioner has enjoyed the fruits of aforesaid interim order and she is still working. He further submits that an F.I.R. was lodged against the petitioner wherein after investigation, Final Report was submitted which was accepted and he refers the contents of supplementary affidavit filed on 25.7.2012 as well as that State has not been able to contradict the aforesaid fact that petitioner is still enjoying the fruits of interim order. 4. In the aforesaid circumstances, on the basis of contents of interim order as well taking note of subsequent events as referred above, this writ petition is disposed of with a direction that petitioner will remain in service and be paid salary. Impugned order dated 1.8.2009 is accordingly set-aside and its legal consequence will follow. 5. This order will not come in way if there is any legal impediment and concerned State respondent may pass a fresh order after confronting legal impediment to the petitioner. Order Date :- 8.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad