HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 23975 of 2017 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. The petition is of the year 2017. None appears on behalf of the petitioner, even in the revised call, however, Mr. Lal Mani, learned Standing counsel for the State is present. 2. A notice has been placed on the notice board specifically, mentioning that "old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous" but, neither the counsel for the appellant has appeared nor has the case been marked to indicate that the cause of action still survives. 3. Perused the records. 4. The petition has been filed with the prayer to quash the order dated 13.04.2017 vide which the claim of the petitioner permitting her joining has been rejected along with claim for considering her medical leave. 5. From the records it appears that the petitioner was appointed as Assistant Teacher by the Selection Committee under U.P. Shiksha Parishad Teacher Service Rules, 1981 being selected in Special B.T.C. 2004 at Primary School, Banshipur, Varanasi and appointment letter was accordingly issued on 31.12.2005 pursuant to which she joined on 09.01.2016 at Primary School, Banshipur, District Varanasi. She proceeded on maternity leave 19.01.2006 to 02.06.2006 and thereafter joined on 01.07.2006 at the aforesaid institution. Subsequently, she fell ill and proceeded on leave on the grounds of illness with effect from 05.07.2006. It appears that she proceeded on leave without proper application, therefore, notice dated 03.03.2014 was issued by Block Education Officer, Arazi Lines, Varanasi requiring her to submit a evidence in support of her illness and filing of application for joining as Versus Counsel for Petitioner(s) : Girish Kumar Gupta, Suneeta Gupta Counsel for Respondent(s) : C.S.C., Nisheeth Yadav Nishat Nazneen .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Assistant Teacher. The petitioner replied to the aforesaid notice. A letter dated 12.10.2016 was issued by Joint Secretary, Uttar Pradesh Basic Shiksha Parishad to respondent no. 2 to take a decision on the application of the petitioner with respect to her joining after considering the same and submit a report accordingly. Respondent no. 2 sought clarification from respondent no. 3 but when no action was being taken by respondent no. 2 regarding joining of the petitioner and when nothing was done petitioner sent a legal notice dated 11.02.2016 through his counsel. In response to which respondent no. 2 submitted a reply that he had already sought direction regarding joining of the petitioner from respondent no. 3. The petitioner was left with no option but to filed writ petition no. 33889 of 2016 which was disposed of by order dated 26.07.2016 directing the petitioner to file a comprehensive representation addressed to Secretary, Basic Shiksha Parishad, U.P., Allahabad which was to be decided in accordance with law. Despite the aforesaid when nothing was done the petitioner filed a contempt petition after which the order impugned has been passed. The grounds taken in the writ petition are that the impugned order is wholly illegal and arbitrary, the petitioner was not provided any opportunity of hearing when the disciplinary proceedings were initiated and the medical certificates as produced by the petitioner were not taken into consideration. 6. The learned standing counsel submits that the there is no illegality, infirmity in the order impugned. He submits that the order has been passed in accordance with relevant provisions wherein it was found that the petitioner was absent from duty without proper intimation for a period of more than 5 years and the medical certificate as produced were not genuine. He submits that the instant petition is liable to dismissed. 7. In view of aforesaid facts and circumstances as well as taking note of submission advanced by learned Standing Counsel, this petition is dismissed. September 15, 2025 Saurabh WRIA No. 23975 of 2017 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad