Disposed

Anju Rathore v. State of U.P. and 3 Others

Allahabad HC21 Apr 2022WRIA/4909/2022

Case brief

AI extract

What is this about?

This petition concerned the petitioner's claim for salary equivalent to her previous station and the pending decision on her representation. The court disposed of the matter by directing the District Basic Education Officer to decide the representation via a reasoned order within one month.

What did the court decide?

Directed the District Basic Education Officer, District Kanpur Dehat, to decide the petitioner's representation filed on 01.09.2021 via a reasoned and speaking order within one month.

Anju Rathore Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 4909 of 2022

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Petitioner :- Anju Rathore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Somendra Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh

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Hon'ble Rajiv Joshi,J.

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Heard Sri Somendra Singh, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Pankaj Kumar Singh, learned counsel for respondent nos. 2 to 4.

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The instant writ petition under Article 226 of the Constitution has been filed for the following reliefs:-

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"I. Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to pay the salary to the petitioner on 4600/- grade pay as per their last pay certificate (LPC), as she was getting before her transfer to District-Kanpur Dehat from District Hardoi.

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II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to consider and decide the claim of the petitioner in her representation in light of circular issued by respondent No. 02/Secretary, Basic Education Board at Allahabad, U.P., District-Prayagraj dated 06.05.2021 (Annexure No. 10) to the writ petition."

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It is contended by the learned counsel for the petitioner that the petitioner is working as an Assistant Teacher and after inter district transfer, she joined at district Kanpur Dehat and is getting Rs. 4200/- as a salary which is much less to the last drawn salary at her previous institution at Hardoi.

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The learned counsel for the petitioner has drawn the attention of the Court to the letter cum order dated 06.05.2021 issued by Secretary, U.P. Basic Education Board, Allahabad (Prayagraj). A copy of the said letter is appended at page 35 of the writ petition. The aforesaid letter is quoted as under:-

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"उ 0 प 0, बबससकशशककपररषद, पयकगरकज। सबवकमम, समसतसजलकबबससकशशककअसधककरर,

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उतरपदबश।

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पतकतक- बब0 शश0 प 0/4061-4128/2021-22, शदनकतक-06.05.2021 शवषय- अनतजरनपदरय सथकनकनतरण एवत पकरसपररक अनतजरनपदरय ससथकनकनतरणश श ककसत 2019-2020 कब फलसवरपसथकनकनतररत अधयकपकक कबवबतनकबसमबनधमम। महहदय,

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ककपयकउपयकशवषयकबबससकशशककपररषदकबपतकतकबब र 0 शश0 प 0/1831118550/2020-21 शदनकतक 29.01.2021 पतकतक बब0 शश0 प 0/2136721538/2020-21 शदनकतक 12.03.2021 एवत पतकतक-बब0 शश0 प 0/436505/2021-22 शदनकतक 06.04.2021 ककसतदररगहणकरनबकककषकरम सजसकबदकरकअनतजरनपदरयसथकनकनतरणएवतपकरसपररकअनतजरनपदरय सथकनकनतरणपशकयककबअनतगरतसथकनकनतररतअधयकपकहकबअतशतमवबतन पमकणपत (एल.पर.सर.) वसबवकपरससतककशदनकतक 10.04.2021 तक सथकनकनतररतजनपदकहउपलबधकरकनबकबशनदरशशदयबगयबथब। पकरणककसमरककममससथशतसनतहषजनकनहहपकयरगयरहश।अतशतनवबतन पमकणपत (एल.पर.सर.) वसबवकपरससतकककब अरकवममसथकनकनतररत अधयकपक/अधयकशपककओतकबवबतनशनगरतममकशठनकईउतपनहहरहरहश।यह कदकपरउशचतनहहहश।

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उककबपररपबकयममआपकहपरननशनदरशशतशकयकजकतकहशशकअनतजरनपदरय सथकनकनतरणएवतपकरसपररकअनतजरनपदरयपशकयकममसथकनकनतररत अधयकपकहकब अतशतमवबतनपमकणपत (एल.पर.सर.) वसबवकपरससतकक सथकनकनतररतजनपदकहततककलउपलबधकरकतबहहयबउनकबअतशतमवबतन पमकणपत (एल.पर.सर.) वसबवकपरससतकककबआधकरपरशनयमकनरसकरवबतन शनगरतकरकनकसरशनसशचतकरम।

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सतलगक- उकपत।

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रवदरय ह 0 अप 0 (पतकपससतहबघबल) सशचव

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उ 0 प 0 बबससकशशककपररषद,

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पयकगरकज"

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As per the said letter the petitioner is entitled to equivalent salary as drawn at District Hardoi. Learned counsel for the petitioner further submits that the petitioner filed a representation in this regard before respondent no. 3- District

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Basic Education Officer, District Kanpur Dehat on 01.09.2021 but nothing has been done to the said representation. Copy of the said representation is annexed as Annexure-1 to the petition which remain pending till date.

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Learned Standing Counsel as well as learned counsel for respondent nos. 2 to 4 submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no. 3-District Basic Education Officer, District Kanpur Dehat, to decide the petitioner's representation within the stipulated time.

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Considering the facts and circumstances of the case, without going the merit of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no. 3-District Basic Education Officer, District Kanpur Dehat, to decide the representation dated 01.09.2021 of the petitioner by reasoned and speaking order, within a period of one month from the date of production of certified copy of this order.

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Order Date :- 21.4.2022 PS

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Digitally signed by POOJA SHARMA Date: 2015.11.09 01:48:42 IST Reason: Location: High Court of Judicature at Allahabad

Anju Rathore v. State of U.P. and 3 Others

Case brief

What is this about?

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Anju Rathore v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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