Disposed

Smt. Smriti Gupta v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lucknow and 5 Others

Allahabad HC6 Mar 2024/1525/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the rejection of an application for Child Care Leave. The court observed that the original application lacked the required recommendation from the head teacher and granted liberty to the petitioner to file a fresh application following the prescribed procedure.

What did the court decide?

Liberty granted to petitioner to file a fresh application for Child Care Leave in accordance with the prescribed procedure, to be decided within one week.

Smt. Smriti Gupta Vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20297

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Court No. - 17 Case :- WRIT - A No. - 1525 of 2024 Petitioner :- Smt. Smriti Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. Lucknow And 5 Others Counsel for Petitioner :- Ravindra Kumar Yadava Counsel for Respondent :- C.S.C.,Prashant Kumar Singh,Ran Vijay Singh

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Hon'ble Manish Mathur,J.

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Supplementary affidavit filed on behalf of petitioner is taken on record.

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Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 & 2, Mr. Ran Vijay Singh, learned counsel for opposite party no. 3 and Mr. Prashant Kumar Singh, learned counsel for opposite party nos. 4 & 5. In view of order being passed, notice to opposite party no. 6 stands dispensed with.

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Petition has been filed challenging orders dated 08.02.2024 and 16.02.2024 whereby petitioner's application for sanction of Child Care Leave for a period of 30 days w.e.f. 16.02.2024 to 16.03.2024 has been rejected.

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Learned counsel for opposite party nos. 4 & 5 on the basis of instructions submits that leave application of petitioner was cancelled since it has not been filed in terms of the procedure required inasmuch as the recommendation of the head teacher did not accompany the application. It has been submitted that in case petitioner applies in the correct format following the due procedure, her leave would be considered.

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In view of aforesaid submissions, without interfering with the impugned orders, liberty is granted to petitioner to file a fresh application for Child Care Leave in accordance with procedure prescribed. In case any such application is filed following the due procedure in accordance with the format prescribed, the same shall be considered and decided within a period of one week from the date a certified copy of this order is produced before the concerned authority.

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With aforesaid observations and directions, the petition is finally disposed of.

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Order Date :- 6.3.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Smt. Smriti Gupta v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lucknow and 5 Others

Case brief

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What did the court decide?

Smt. Smriti Gupta v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lucknow and 5 Others

Case brief

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What did the court decide?

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