Disposed¶17

Smt. Archana Pandey v. State of U.P. and 3 Others

Allahabad HC21 Jan 2025WRIA/678/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Writ A No. 678 of 2025; Smt. Archana Pandey v. State of U.P.; Prakash Padia, J.; order dated 21.1.2025; reinstatement/termination withdrawn; District Basic Education Officer Gorakhpur; Warden appointment dated 17.09.2024; posting/transfer dispute; Kasturba Gandhi Avasiya Balika Vidhyalaya Vikas Khand Pali vs Khajni, District Gorakhpur; no vacant Warden post; five sanctioned teacher posts; mandamus to join and pay salary month by month; earlier writ Writ A No.12816 of 2024 dismissed as not pressed; ten days' time to seek instructions; matter listed as fresh; no statute or precedent cited; no merits adjudicated.

What did the court decide?

No relief on merits; ten days' time granted to respondent Nos. 3 & 4 to seek instructions and the matter listed as fresh. ¶17

Smt. Archana Pandey vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief on merits; ten days' time granted to respondent Nos. 3 & 4 to seek instructions and the matter listed as fresh.

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Issue for consideration

Whether the petitioner, who pursuant to the order dated 05.09.2024 was appointed as Warden vide order dated 17.09.2024, can be directed to work at Kasturba Gandhi Avasiya Balika Vidhyalaya, Vikas Khand Pali, District Gorakhpur (where, as contended, all five sanctioned posts including Warden are already filled), when she was working at KGBV Vikas Khand Khajni, District Gorakhpur at the time of the Court's earlier order.

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Key takeaways

Learned counsel for respondent Nos. 3 & 4 were granted ten days' time to seek instructions in the matter.¶16
The matter was directed to be put up as fresh on 04.02.2024 (date as printed in the order), showing the name of Sri Ashish Kumar Nagvanshi as counsel for respondent No.2.¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Prakash Padia, J.), WRIT - A No. 678 of 2025, Smt. Archana Pandey v. State of U.P. and 3 Others, order dated 21.1.2025 — notice-stage order; no issue on merits decided. Background: in an earlier writ petition (Writ A No.12816 of 2024) challenging the order dated 05.08.2024 of the District Basic Education Officer, Gorakhpur terminating the petitioner's services, this Court on 05.09.2024 dismissed the petition as not pressed after the termination order was withdrawn, issuing a mandamus to permit the petitioner to join her post and to pay salary month by month. It is now contended that pursuant thereto the petitioner was appointed as Warden vide order dated 17.09.2024 but directed to work at KGBV Vikas Khand Pali, District Gorakhpur instead of KGBV Vikas Khand Khajni where she was working, and that KGBV Pali has five sanctioned teacher posts including Warden, all already filled, leaving no vacant Warden post. Notices were accepted/appearances put in on behalf of respondents; respondent Nos. 3 & 4 were granted ten days to seek instructions; matter to be put up as fresh on 04.02.2024 (as printed).

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Court No. - 7

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Case :- WRIT - A No. - 678 of 2025

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Petitioner :- Smt. Archana Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- Atul Kumar Shahi,C.S.C.

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Hon'ble Prakash Padia,J.

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In the earlier writ petition filed by the petitioner being Writ A No.12816 of 2024, following order was passed by this Court on 05.09.2024:-

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1. Heard Shri V.K. Singh, learned Senior Counsel assisted by Shri Sudhanshu Pandey, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos. 1 & 2 and Shri Ashish Kumar (Nagvanshi), learned counsel appearing on behalf of respondent no.3 as well as Shri Atul Kumar , learned counsel is appearing on behalf of respondent no.4.

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2. The petitioner has preferred the present writ petition inter-alia with the following prayer:-

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"A. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.08.2024 passed by the respondent No. 3 District Basic Education Officer Gorakhpur. (Annexure No. 4 to the writ petition)

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B. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 & 3 to reinstate the petitioner in service and pay the consequential benefit in pursuance thereof."

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3. After hearing counsel for the parties, a detailed order was passed by me on 03.09.2024. Today when the matter is taken up, counsel appearing on behalf of respondents placed before this Court the order dated 04.09.2024 passed by the District Basic Education Officer, Gorakhpur, the same is taken on record. Copy of the same is also provided to the counsel for the petitioner.

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4. After going through the same, a prayer has been made by the counsel for the petitioner to dismiss the present writ petition as not pressed.

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5. Accordingly, the writ petition is dismissed as not pressed at this stage.

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6. It is made clear that since the order by which the services of the petitioner has been terminated has already been withdrawn, a mandamus is issued to the respondents to permit the petitioner to join the post on which she has working and also to pay the salary month by month as and when the same becomes due.

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It is argued by Sri V.K. Singh, learned Senior Counsel assisted by Sudhanshu Pandey, learned counsel for the petitioner that pursuant to the aforesaid order, the

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petitioner was permitted to join the post on which she was working before the order dated 05.08.2024. It is argued that after the order passed by this Court, the petitioner was appointed on the post of Warden vide order dated 17.09.2024 but now she was directed to work at Kasturba Gandhi Avasiya Balika Vidhyalaya, Vikas Khand Pali District Gorakhpur thouogh at the time when the order was passed by this Court on 05.09.2024, the petitoner was working at Kasturba Gandhi Avasiya Balika Vidhyalaya, Vikas Khand Khajni District Gorakhpur. It is stated in paragraph 23 of the writ petition that in Kasturba Gandhi Avasiya Balika Vidhyalaya, Vikas Khand Pali District Gorakhpur, there are five sanctioned posts of teachers including the post of Warden and on the aforesaid posts, teachers are already working, therefore, hence there is no vacant post of Warden in the aforesaid Institution.

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Learned Standing Counsel accepted notice on behalf of respondent Nos.1 & 2, Sri Ashish Kumar Nagvanshi, learned counsel put up his appearance on behalf of respondent No.3 and Sri Atul Kumar Shahi, learned counsel for respondent No.4. Learned counsel for respondent Nos.3 & 4 pray for and are granted ten days time to seek Instructions in the matter.

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Put up as fresh on 04.02.2024 showing the name of Sri Ashish Kumar Nagvanshi, learned counsel for respondent No.2 having Advocate Roll No.A/A2363/13.

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Order Date :- 21.1.2025 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Smt. Archana Pandey v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Archana Pandey v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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