SMT RASHMI ASTHANA @ KM RASHMI JAUHARI v. STATE OF U.P. AND 4 OTHERS
WRIA/13755/2025 · 2025-09-14
Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95386 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95386 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13755 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J.
1. The instant writ petition has been filed seeking for the following relief:-
"i. issue a writ, order or direction in the nature of Mandamus commanding and directing the Deputy Director Education (Secondary), Kanpur Division, Kanpur/Respondent no.3 to determine and pay the pension and other post retiral benefits to the petitioner on the basis of the last drawn pay-salary for the post of Officiating Principal within stipulated period as directed by this Hon'ble Court. ii. issue a writ, order or direction in the nature of Mandamus commanding the Deputy Director Education (Secondary), Kanpur Division, Kanpur/respondent no.3 to determine and pay the arrear of pension and other post retiral benefits to the petitioner with interest on the basis of the last drawn pay-salary for the post of Officiating Principal. iii. issue a writ, order or direction in the nature of Mandamus commanding the Deputy Director Education (Secondary), Kanpur Division, Kanpur/respondent no.3 to decide the representation of the petitioner dated 20.08.2025 within stipulated period as directed by this Hon'ble Court. (Annexure No.8 to the writ petition)."
2. Learned counsel appearing on behalf of petitioner without entering into the merits of the case made innocuous prayer that he may be permitted to file fresh representation before respondent no.3 and a direction may be issued to him to decide the same in time bound manner. 3. Sri Santosh Kumar, learned standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not Versus Counsel for Petitioner(s) : Raghvendra Pratap Singh Counsel for Respondent(s) : C.S.C. Smt Rashmi Asthana @ Km Rashmi Jauhari .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
opposed the prayer as made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner and Sri Santosh Kumar, learned Standing Counsel and perused the contents made in the writ petition. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner as no objection made by learned standing counsel. Petitioner is directed to file a fresh representation along with the present writ petition and certified copy of this order before respondent no.3 Deputy Director Education (Secondary), Kanpur Division, Kanpur within 15 days.
After receiving the said representation, the respondent no.3 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of six weeks from the date of receipt of the said representation. 6. With the aforesaid directions/observations, the present writ petition is disposed of. September 15, 2025 AKT WRIA No. 13755 of 2025 2 (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad