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2025 DAILYLAW 56862 (ALL)

MITHLESH KUMARI v. STATE OF U.P. AND 2 OTHERS

WRIA/6602/2025 · 2025-05-14

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79731 Court No. - 6 Case :- WRIT - A No. - 6602 of 2025 Petitioner :- Mithlesh Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shivam Agarwal holding brief of Sri Pankaj Agarwal, learned counsel for the petitioner and Sri Brijendra Mani Shukla, learned Sanding Counsel. 2. Relief sought in this writ petition cannot be granted since an adverse order dated 14.12.2017 has already been passed by the District Basic Education Officer, Aligarh, whereby claim of the petitioner for payment of arrears of salary was rejected on principle of 'No work no pay'. 3. Learned counsel for the petitioner submits that legal consequence of reinstatement would be that delinquent is entitled for arrears of salary despite he has not worked. However, for that petitioner has to challenge the order dated 14.12.2017 which is adverse to him, therefore, this writ petition is disposed of with liberty to the petitioner to challenge the order dated 14.12.2017, if so advised. However, factor of delay is still be considered against him. Order Date :- 15.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad