Disposed

Shabana Aftab v. State of Up and 3 Others

Allahabad HC25 Jul 2024WRIA/10200/2024

Case brief

AI extract

What is this about?

Writ petition over non-payment of promotional pay scale due from 24.07.2007 though recorded in the service book. Court disposed of the petition at admission stage, permitting a fresh representation to the District Basic Education Officer, Gorakhpur, who was directed to decide within six weeks; no merits were examined.

What did the court decide?

Permission to submit fresh representation; respondent no.3 directed to pass appropriate order in accordance with law within six weeks.

Shabana Aftab vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118938

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Court No. - 7

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Case :- WRIT - A No. - 10200 of 2024

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Petitioner :- Shabana Aftab Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State and Sri Ashish Kumar Nagvanshi, learned counsel for the respondent nos.2 to 4.

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It is argued by learned counsel for the petitioner that though the petitioner is entitled for the promotional pay scale w.e.f. 24.07.2007 and though the aforesaid fact has already been incorporated in the service book of the petitioner but wholly illegally same was not paid to the petitioner. It is further argued that persons junior to the petitioners were granted the benefit of the aforesaid pay scale. Though time and again a request was made by the petitioner before the authorities concerned but no action was taken in the matter.

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On the other hand it is argued by Sri Ashish Kumar Nagvanshi, learned counsel for the respondents no.2 to 4 that in case petitioner will submit a fresh representation in this regard, the respondent no.3 will take a decision in the matter expeditiously.

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With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

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In the facts and circumstances, petitioner is permitted to submit a fresh representation ventilating all his grievances before the respondent no.3-District Basic Education Officer, Gorakhpur along-with certified copy of this order within a period of three weeks from today. If such a representation is made, the respondent no.3 is directed to pass appropriate order in accordance with law within a further period of six weeks.

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With the aforesaid observations, present writ petition is disposed of finally.

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Since the writ petition has been decided on an exparte version without seeking any response from the respondents, thus the passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the third respondent shall accord independent consideration strictly in accordance with law and the mandate of law holding the field.

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Order Date :- 25.7.2024 Pramod Tripathi

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Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad

Shabana Aftab v. State of Up and 3 Others

Case brief

What is this about?

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Shabana Aftab v. State of Up and 3 Others

Case brief

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