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2025 DAILYLAW 8075 (ALL)

MAMTA DIWAKAR v. STATE OF U.P. AND 4 OTHERS

WRIA/488/2025 · 2025-03-16

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37029 Court No. - 6 Case :- WRIT - A No. - 488 of 2025 Petitioner :- Mamta Diwakar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Shukla,Shivam Mishra Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shivam Mishra, learned counsel for petitioner and Sri Ashish Kumar Singh, Advocate for Respondents-3 and 4. 2. Petitioner is aggrieved that on one hand her medical leave was not sanctioned and on other hand her salary was stopped on a direction passed by Sub-Divisional Magistrate/ Election Registration Officer by District Basic Education Officer, Agra since she had not joined the duties of BLO. Both orders dated 07.11.2024 and 14.11.2024 are impugned in this writ petition. 3. Learned counsel for petitioner submits that petitioner has filed all requisite documents in support of her medical leave from 04.11.2024 to 17.11.2024 and she has also faced a Medical Board however, its report is not communicated to her. She is regularly working in School concerned. 4. Learned counsel appearing for Respondents-3 and 4 submits that since petitioner was making repeated applications for medical leave, therefore, a Medical Board was constituted, however, its report is not on record. 5. I have heard learned counsel for parties and perused the material available on record. 6. So far as impugned orders are concerned, a direction to stop salary without making any inquiry, on face of it, is an illegal order. Therefore, impugned orders dated 07.11.2024 and 14.11.2024 are hereby set aside. However, concerned State-Respondents are at liberty to initiate inquiry in accordance with law, if so advised. 7. As referred above, petitioner has already faced a Medical Board, therefore, on basis of its report, prayer of petitioner can be considered if she remained absent for aforesaid period. 8. So far as other allegations are concerned, State-Respondents are at liberty to take appropriate action in accordance with law, if so advised. Report of Medical Board shall be communicated to petitioner and State-Respondents, if not already communicated, by concerned Chief Medical Officer within seven days from today. Petitioner is directed to submit her attendance register to District Basic Education Officer concerned. Petitioner is also put on caution that she should not misuse the medical leave since it is provided in a situation where an employee is really suffering from any medical exigency and not to just take leave without any medical ailment. 9. With aforesaid directions/ observations, this writ petition is disposed of. Order Date :- 17.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad