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2025 DAILYLAW 79751 (ALL)

KAMAL DEVI GUPTA v. STATE OF U.P. AND 4 OTHERS

WRIA/10557/2025 · 2025-07-28

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125916 Court No. - 52 Case :- WRIT - A No. - 10557 of 2025 Petitioner :- Kamal Devi Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Satyendra Chandra Tripathi, learned counsel for the petitioner, Mr. Meva Lal Gupta, learned Standing Counsel for the State-respondent and perused the record. The petitioner has preferred instant writ petition for a direction upon respondent no.3 to permit the petitioner to continue as Shiksha Mitra in Primary School Khalispur, Block-Chiraigaon, Varanasi and also pay honorarium month to month for which petitioner has moved an application on 28.03.2025. Learned counsel for the petitioner submits that the petitioner was appointed as Shiksha Mitra at Primary School Khalispur, Chiraigaon, District Varanasi on 21.02.2009. Subsequently, an FIR was lodged against the petitioner in the year 2013, pursuant to which she was arrested and later released on bail. After trial, the petitioner was convicted by order dated 22.02.2023, and was thereafter sentenced by order dated 24.02.2023. Aggrieved by the aforesaid orders, the petitioner approached before this Court by means of filing an Appeal No.2532 of 2023, wherein remaining sentence of the petitioner has been suspended. Hence the petitioner moved an application before the respondent no.3 seeking permission to continue as Shiksha Mitra in Primary School Khalispur Chiraigaon, Varanasi and accordingly, pay honorarium month to month, but the same is still pending. Learned counsel for the State-respondents submits that in case petitioner move fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3; District Basic Education Officer, Varanasi within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 29.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad