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2025 DAILYLAW 74728 (ALL)

SMT. NEHA v. STATE OF U.P. AND 3 OTHERS

WRIA/9656/2025 · 2025-07-15

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115312 Court No. - 52 Case :- WRIT - A No. - 9656 of 2025 Petitioner :- Smt. Neha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- C.S.C.,Nagendra Kumar Pandey Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sunil Kumar Dubey, learned counsel for the petitioner, Mr. Nagendra Kumar Pandey, learned counsel for the respondent nos.3&4 and learned Standing Counsel for the State-respondents. The present writ petition has been filed inter-alia for the following reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 to grant the second maternity leave of 180 days (4.7.2025 to 30.12.2025) to the petitioner with payment of her salary and other emoluments. (ii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) award cost of this petition in favour of the petitioner." Learned counsel for the petitioner submits that an application has been moved before the respondent no.4 for redressal of his grievances, but no decision has been taken till date. Therefore, a direction may be issued to the respondent no.4 to take an appropriate decision in accordance with law within a time bound period. As per the instructions, learned counsel for the respondent nos.3&4 submits that application moved by the petitioner is not in proper form as required under law. However, in case a fresh representation is given before the respondent no.4, the same may be decided in accordance with law. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.4- District Basic Education Officer, Amroha, raising all her grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same in accordance with law, by reasoned and speaking order, preferably within a period of four weeks from the date of production of a certified copy of this order if there is no other legal impediment. Order Date :- 16.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad