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2025 DAILYLAW 78009 (ALL)

DEEPIKA MAURYA v. STATE OF U.P. AND 3 OTHERS

WRIA/10251/2025 · 2025-07-24

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122865 Court No. - 4 Case :- WRIT - A No. - 10251 of 2025 Petitioner :- Deepika Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Damodar Singh,Devendra Vikram Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. In compliance of the earlier order dated 23.07.2025, instructions have been placed before the Court by the learned Standing Counsel, which are taken on record. 2. As per the instructions, there are 638 sanctioned posts out of which only139 vacancies have been filled up; whereas 499 vacancy are remained unfilled. 3. From the instructions, it is not clear that from since when, these posts have remained vacant. If the periodical selections and recruitments are not done by the State Government, then it is the State to be blamed more specially in the circumstances, when the people of the State are facing huge employment issues. 4. Only on account of laxity or casual approach on behalf of the State authorities, a person who is otherwise entitled to have study leave, cannot be denied. No Circular letter or instructions have been placed and as per the instructions placed today under which, the study leave can be denied on the ground which has been taken in the instructions or under the order impugned. 5. The State has been engaging outsourcing and even in some primary and community health centre, outsourced nurses are being appointed. 6. In the circumstances, I consider it appropriate to dispose off this writ petition to issue a mandamus to the respondents to permit study leave without pay to the petitioner. Appropriate order shall be passed within 24 hours from the date and time of production of certified copy of this order. 7. It is, however, made clear that this order is being passed in special facts and circumstances of the case and instructions that have been placed and will not be binding precedent. Order Date :- 25.7.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad