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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12553 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Rejoinder Affidavit in reply to the counter affidavit of respondent no. 3, filed today, is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Mr. Shailendra Singh, learned counsel for the respondent-BSA and perused the record. 3. The petitioner has preferred the instant writ petition with a prayer to direct respondent No. 3 to permit her to join on the post of Instructor in Upper Primary School, Sanora, Vikas Khand Farah, District Mathura and for a further prayer to direct respondent No. 2, District Magistrate, Agra / Chairman, District Grievance Redressal Committee, Agra to renew her appointment and also for a prayer to direct respondent No. 3 to pay honorarium for the period from 17.06.2025 to 31.07.2025. 4. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner was appointed in the year 2013 pursuant to a Government Order dated 31.01.2013 and she worked and her services were renewed up to the session 2024-25. Due to some medical exigency, the petitioner moved an application for medical leave for the period 28.06.2024 to 14.09.2024 which was granted by the concerned District Basic Education Officer, after which she joined her services on 01.10.2024. The petitioner moved an application for maternity leave for the period from 19.12.2024 to 16.06.2025 which was granted and after the expiry of the said period, the petitioner again joined her services on 17.06.2025. She was permitted to work up to 31.07.2025. However, without any notice or information, her services for the session 2025-26 were not renewed. The petitioner represented her grievance before the respondent authority concerned and she also requested for the payment of honorarium for the period from 17.06.2025 to 31.07.2025. However, nothing has been done, therefore, the present writ petition has been instituted. 5. Learned counsel for the petitioner contends that conduct of the respondents in sitting tight over the matter despite the fact that the petitioner worked from 2013 till 2024-25.
Her contract has not been renewed, that too without any notice to the Versus Counsel for Petitioner(s) : Durga Tiwari Counsel for Respondent(s) : Shailendra Singh, C.S.C. Hem Late .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
petitioner, therefore, a direction may be issued to the authorities to look into the matter of the petitioner. 6. Learned counsel for the respondent-BSA submits that the Block Education Officer, Mathura by letter dated 17.06.2026 informed the District Basic Education Officer that out of 317 working days in the session 2022-23, the petitioner was present only on 124 days. Likewise, in the session 2023-24, she remained present on only 157 working days out of 319. In the session 2024-25, the petitioner was present only on 74 days out of 238 working days. Thus, it comes to 39.11%, 49.21% and 31.01% respectively. The Block Education Officer further informed the respondent No. 3 that the strength of the students in the petitioner's institution is below 100, thus the services of the petitioner were not recommended for renewal. A letter has been written by the District Basic Education Officer to the respondent no. 2 seeking opinion in the case petitioner's case. 7. In reply to the above submission, learned counsel for the petitioner submits that as per the information given by respondent No. 3 to respondent No. 2, the attendance of the petitioner in session 2022-23 is 50%, in session 2023-24 is 68% and in session 2024-25 is 59%, and the information given in paragraph No. 5 is contrary to the record given by respondent No. 3. She further submits that in the Session 2024-25, from 28.06.2024 to 14.09.2024, the petitioner was on medical leave for bed rest on the advice of the doctor during pregnancy period, which was approved by respondent No. 3 and thereafter on 01.10.2024, respondent No. 3 permitted the petitioner to resume duty.
He next contends that insofar as the strength of students being less than 100 is concerned, this Court has already decided this issue in Civil Misc. Writ Petition No. 24985 of 2017 (Manoj Kumar and others Vs. State of U.P. and others). 8. Leaned counsel for the respondents submits that the issue will be looked into by the concerned District Magistrate. 9. In view of the above, the writ petition is disposed of with a direction upon the respondent no. 2 - District Magistrate, Mathura/ Chairman, District Grievance Redressal Committee, Mathura to look into grievance of the petitioner regarding renewal of her services and also payment of honorarium for the period 17.06.2025 to 31.07.2025 in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. 10. No order as to costs. September 28, 2026 DS WRIA No. 12553 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad