Smt. Renu Pandey v. State of U.P. and 5 Others

Court No. - 35 Case :- WRIT - A No. - 19825 of 2023 Petitioner :- Smt. Renu Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J. Heard Sri Gopal Ji Rai, learned counsel for the petitioner and Sri Vijay Pratap learned Standing Counsel, who appears for Respondents 1 to 5. In view of the order, which is being proposed to be passed today, notices are not being issued to the sixth respondent. The case of the writ petitioner is that her husband namely Sanjay Kumar Pandey (since deceased) who was appointed as an assistant teacher in LT grade on 01.11.1996 in Janta Inter College, Nagra, Ballia expired on 29.10.2020. In para 13, it is stated that the husband of the writ petitioner was paid salary from March 2013 to

28.10.2020 but he was not paid salary from February, 2010 to February, 2013, further pension has also not been paid. Prayer in the present petition is for according the said benefits. Learned Standing Counsel submits that the issue of the writ petitioner seeks to raise needs determination at the first instance by the third respondent, Deputy Director of Education, Azamgarh Region Azamgarh who shall address to the claim. 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 third respondent, who shall on the receipt of the same, after putting to notice the sixth respondent and proceed to decide the claim of the petitioner strictly in accordance with law within a period of three 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 :- 1.12.2023 A. Prajapati High Court of Judicature at Allahabad