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2025 DAILYLAW 8443 (ALL)

NEETU GUPTA v. STATE OF U.P. AND 2 OTHERS

SPLA/289/2025 · 2025-05-08

Ashwani Kumar Mishra, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75547-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 289 of 2025 Appellant :- Neetu Gupta Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Durga Tiwari Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Qamar Hasan Rizvi,J. Learned Single Judge has dismissed the writ petition of the appellant vide following orders passed on 5.11.2024:- "The petitioner was a contractual instructor in a primary school whose serves were discontinued. The impugned order finds that the petitioner was absent from 115 days out of 248 working day. Absenteeism of teachers in primary schools is a menace which is disturbing the foundation of basic education in the State. The order terminating the services of the petitioner is not stigmatic in nature and the same has been passed upon consideration of materials in the record. The writ petition is dismissed" Facts recorded in the judgment with regard to absence of the appellant are not disputed. Challenge is laid to the judgment on the ground that the appellant was on medical leave. The period of leave is less than half of the period of absence. The appellant otherwise is entitled to 10 days casual leave only. The concerns highlighted by the learned Single Judge are of significance. Considering the fact that discontinuation of the appellant is not stigmatic and she was only holding contractual assignment, no interference is required to be made in the order of the learned Single Judge. The special appeal, accordingly, is dismissed. Order Date :- 9.5.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad