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2025 DAILYLAW 43838 (ALL)

SHREE NIWAS YADAV v. STATE OF U.P. AND OTHERS

WRIA/42837/2011 · 2025-03-17

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38543 Court No. - 6 Case :- WRIT - A No. - 42837 of 2011 Petitioner :- Shree Niwas Yadav Respondent :- State of U.P. and Others Counsel for Petitioner :- Mrs. Vatsala,Ripu Soodan Yadav,Sanjay Kumar Dubey Counsel for Respondent :- A.C. Srivastava,C.S.C.,Gaurav Bishan,K.A.Usmani Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition was filed in the year 2011 seeking following reliefs: "i. to issue a writ order or direction in the nature of certiorary quashing the order dated 7.7.2011 only with regard to recovery of Rs 55886 from Petitioner passed by District Basic Officer (Annexure no.8 to this writ petition." 2. This Court has passed the following order on 1.8.2011: "The charge against the petitioner is that while posted as Headmaster of a particular Institution, by misrepresentation and concealment of facts, he got his daughter appointed as Shiksha Mitra and got the salary paid even though she was absent. Learned Standing Counsel appears for respondent no.1. Sri K.A. Usmani appears for respondent nos.2 and 3. Respondents may file the counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this petition for admission/hearing in the week commencing 26th September, 2011." 3. None appears on behalf of the petitioner. 4. Mr. Manvendra Singh, learned counsel for the respondents submits that the following prayer was amended in the year 2017: "(iv). Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to release the amount of Rs.55,886/- along with interest of 12% withheld by him in pursuance of order dated 07.07.11 and grant the petitioner his due increment from the date they became due and his current salary may be recalculated and paid along with the arrears of increment and differences in salary accrued and payable till the date of payment." 5. In the aforesaid circumstances, since it appears that the petitioner is not pursuing this writ petition and he is satisfied with the impugned order of punishment and recovery of Rs. 55886/- therefore, this writ petition is dismissed. However, the petitioner will have a liberty in case his cause still survives. He may file a recall or review application within a period of six weeks. 6. Registry will not accept any application after the lapse of aforesaid period. Order Date :- 18.3.2025 Mohini Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad