Padma Tiwari v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 17838 of 2023 Petitioner :- Padma Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Omkar Nath Rai,Vinay Kumar Singh Counsel for Respondent :- CSC Hon'ble Vikas Budhwar,J. Heard Sri Omkar Nath Rai, learned counsel for the petitioner and Sri Dhirendra Singh, learned Standing Counsel, who appears for Respondents 1, 2 and 3. The case of the writ petitioner is that our husband namely, Ashok Kumar Tiwari (since deceased) was appointed as a Principal in Narahari Baba Inter College, Karn Chhapra, District Ballia by virtue of the selection conducted by the Board and he assumed the charge on 25.10.1996, however, he expired on 14.04.2014. Prayer in the present petitioner is for the payment of outstanding dues to the tune of Rs. 81,0232/- for the period from 01.02.2003 to

28.02.2006. Learned Standing Counsel submits that the issues with the writ petitioner seeks to raise needs determination at the first instance by the second respondent, District Inspector of Schools, Ballia who shall address to the claim of the writ petitioner. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, who shall on the receipt of the same put to notice the institution wherein the husband of the writ petitioner was working and who has not been impleaded as the respondent in the present writ petition and thereafter considered the claim of the writ petitioner, bearing in mind the entitlement as well as the competing claims, if any, strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 20.11.2023 A. Prajapati High Court of Judicature at Allahabad