Neutral Citation No. - 2025:AHC:137910 Court No. - 52 Case :- WRIT - A No. - 11248 of 2025 Petitioner :- Smt Garima Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sadashiv Tripathi,Sr. Advocate Counsel for Respondent :- Ashish Kumar (Nagvanshi),Avneesh Tripathi,C.S.C.,Shesh Kumar Srivastava Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Anil Tiwari, learned Senior Advocate, assisted by Mr. Sadashiv Tripathi, learned counsel for the petitioner, Mr. Avneesh Tripathi, learned counsel for respondent no.6, Mr. Dev Kaushik, Advocate holding brief of Mr. Shesh Kumar Srivastava, learned counsel for respondent no.7, Mr. Ashish Kumar Nagvanshi, learned counsel for respondent nos.3, 4 & 5 as well as Mr. Hare Ram, learned Standing Counsel for the State-respondent. The present petition has been filed with a limited prayer to quash the recovery order passed by the District Magistrate, Gorakhpur, pursuant to the termination order dated 28.11.2023 passed by the District Basic Education Officer, Gorakhpur, till the pendency of the appeal. Learned counsel for the petitioner submits that challenging the impugned termination order dated 28.11.2023 passed by District Basic Education Officer, Gorakhpur, an appeal has been filed on 12.01.2024, which is before the Secretary, Basic Shiksha Parishad, Prayagraj, U.P. and the same has not been decided till date. However, the District Magistrate has issued recovery order for recovering the salary of the petitioner as paid to her from the date of her initial appointment. Thus, the recovery order is against the principles of natural justice and is bad in the eyes of law, therefore, is liable to be set-aside. Learned Standing Counsel for the State could not dispute the fact that the appeal is still pending for decision. In view of the aforesaid submissions as advance by learned counsels for the parties and the facts and circumstances of the present case, the present petition is disposed of with a direction to respondent no.5-Secretary, U.P. Basic Shiksha Parishad, Prayagraj to decide the appeal so filed by the petitioner, strictly in accordance with law, by means of reasoned and speaking order, after giving opportunity of hearing to the petitioner, preferably within a period of three months from today, if there is no legal impediment. Till the disposal of the aforesaid appeal, the recovery order as passed by the District Magistrate, Gorakhpur, shall be kept in abeyance. Needless to say that the petitioner shall appear in all the dates fixed in the appeal. Order Date :- 13.8.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad