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2025 DAILYLAW 46121 (ALL)

SMT. CHUNNI PATHAK v. STATE OF U.P.AND 3 ORS.

WRIA/59223/2013 · 2025-05-08

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:75828 Court No. - 6 Case :- WRIT - A No. - 59223 of 2013 Petitioner :- Smt. Chunni Pathak Respondent :- State Of U.P.And 3 Ors. Counsel for Petitioner :- K.K.Tripathi,Siddharth Khare Counsel for Respondent :- Pankaj Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Siddharth Khare, learned counsel for petitioner and Ms. Shruti Malviya, learned Brief Holder for State. 2. In present case, various prayers are made which includes payment of salary as well as selection grade and another prayer is made that petitioner be considered for promotion from the post of Assistant Teacher Primary School to Headmaster Primary School. 3. Learned counsel for petitioner refers various documents including the orders passed by this Court in earlier round of litigation as well as order passed in department appeal, whereby order of termination of service was set aside. It is a case of petitioner that despite said order, petitioner was allowed to join at belated stage and no salary was paid. 4. Learned Brief Holder for State submits that since no counter affidavit has been filed till date and this writ petition is pending for last more than 12 years, therefore, she prays that this writ petition may be disposed of with and observation that in case a representation is filed by petitioner before concerned respondent within two weeks, the same will be considered, in accordance with law, within a short period. 5. In the aforesaid, since there are some disputed facts, as well as no counter affidavit was filed, therefore, to invite counter affidavit at this stage would not be in the interest of justice. Accordingly, this writ petition is disposed of with an observation /direction that if petitioner files a detailed representation before concerned respondent within two weeks, the concerned respondent will consider it and decide it expeditiously, within 8 weeks. Order Date :- 9.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad