Neutral Citation No. - 2025:AHC:20162 Court No. - 10 Case :- WRIT - A No. - 8132 of 2017 Petitioner :- Puspa Kumari Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Beerendra Pratap Singh,Kamalesh Singh Counsel for Respondent :- Aditya Kant Sharma,Akanksha Sharma,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Beerendra Pratap Singh, learned counsel for petitioner, Sri Manvendra Dixit, learned Standing Counsel for State-Respondents and Ms. Sakshi Mehrotra, Advocate for Respondents-4 and 5. 2. This writ petition is pending since 2017, i.e., for about 8 years though the issue involve is very short. 3. It is admitted position that petitioner has taken medical leave from 26.08.2014 to 16.09.2014 and she has joined on 18.09.2014 (since 17.09.2014 was a holiday). Thereafter, she again took medical leave from 24.09.2014 to 15.10.2014 and was declared fit to join on 16.10.2014. However, due to unavoidable circumstances, she joined on 17.10.2014. 4. Learned counsel for petitioner submits that though petitioner’s medical leave was sanctioned but her salary was not paid, therefore, she was not considered for grant of Selection Grade and due to that petitioner has filed present writ petition. Learned counsel further submits that by impugned order while a direction was passed to approve leave and to pay salary, however, a condition was put that since there were an allegation on petitioner of using unparliamentary language, therefore, she should first extend apology for that. 5. A very technical objection is taken by learned counsel appearing for Respondents-4 and 5 that since petitioner was fit to join service on 16.10.2014 but she has joined on 17.10.2014, therefore, Principal was not authorized to pay salary. She refers para 9 of the counter affidavit, which is reproduced hereinafter: "9. That the contents of paragraph 12 of the writ petition is matter of record, need no comments. However it is submitted that since the petitioner absented herself without any information therefore she was served with the aforesaid notice. It is submitted that the answering respondents forwarded the salary bill of the petitioner to the District Inspector of School, Mirzapur but the same was returned vide letter dated 25.02.2016 of the District Inspector of Schools, Mirzapur for the reason that order for sanction of medical leave of the petitioner was not sent along with the salary bill and it was requested therein to send the sanction order of the medical leave of the petitioner, as per rule." 6. I have perused the impugned order which was passed in a way that District Inspector of Schools has a discretionary powers. Rather the order ought to have been passed that salary has to be paid and in case there is any legal impediment, the same be communicated to petitioner but such approach was not taken. Therefore, impugned order, on face of it, is not happily worded and concerned District Inspector of Schools is criticized for that. 7. The Court also takes note of subsequent order dated 25.02.2016 issued by Finance and Accounts Officer and District Inspector of Schools, Mirzapur whereby salary bill of petitioner was returned on ground that leave for 16.10.2014 was not approved, which also appears to be a very technical and harsh approach. 8. At this stage, learned counsel for petitioner refers the service book of the petitioner where the medical leave is mentioned from 01.09.2014 to 21.10.2014 whereas in between for few days petitioner has worked. 9. In aforesaid circumstances, Court is of the considered opinion that Committee of Management and District Inspector of Schools have taken a very technical approach instead of taking a humanitarian approach. Therefore, considering over all aspect of case, impugned order dated 19.01.2017 is hereby set aside. 10. It is directed that on 16.10.2014 petitioner shall be considered to be on leave though it has already been included in medical leave. Since, the objection, if any, is now removed, therefore, District Inspector of Schools, Mirzapur is directed to clear salary bill of petitioner and for that Committee of Management, Sri Ram Prasad Singh, Girls Inter Collage, Sherpur, Narayanpur, District Mirzapur is directed to sent a fresh bill of petitioner’s salary for aforesaid period within two weeks from today and thereafter salary for aforesaid period be paid within four weeks. Petitioner is also advised to concentrate more on her job. Order Date :- 11.2.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad