Shailja v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 19744 of 2023 Petitioner :- Shailja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Upadhyay,Kalpna Upadhyay Counsel for Respondent :- C.S.C.,Shruti Malviya Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No.1 & 2 as well as Ms. Shikha Srivastava, Advocate holding brief of Ms. Shruti Malviya, learned counsel appearing for the Respondents No.3 & 4.

¶2This court, after hearing parties' counsels, passed a detailed order on 29.11.2023, which is extracted as under:- "1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No.1 & 2 and Ms. Shruti Malviya, learned counsel appearing for the

¶2Petitioner through this writ petition has challenged the order dated 19.10.2023 passed by the District Basic Education Officer, Kannauj, whereby petitioner's salary has been stopped.

¶3Learned counsel appearing for the petitioner has submitted that it appears that one complaint was lodged by some Advocate and on the basis of said complaint a show cause notice was issued to the petitioner on 13.10.2023 to which she submitted detailed reply on 17.10.2023, but the District Basic Education Officer, Kannauj has passed order on

19.10.2023, wherein finding has been recorded that since petitioner has not submitted any reply, therefore, it is fit case for stopping the payment of salary to the petitioner.

¶4Learned counsel appearing for the petitioner has vehemently argued that show cause notice was issued to the petitioner on 13.10.2023 and on 19.10.2023 without even waiting for any inquiry in the matter, District Basic Education Officer, Kannauj has passed order, thereby, stopping payment of salary to the petitioner. Haste shown by the District Basic Education Officer speaks in volume and it appears that the order impugned in the writ petition has been passed due to some extraneous pressure.

¶5Ms. Shruti Malviya, learned counsel appearing for the Respondents No.3 & 4 prays only for two days' time to take instructions in this matter.

¶6List this matter on 04.12.2023, as fresh."

¶3Today, Ms. Shikha Srivastava, Advocate holding brief of Ms. Shruti Malviya, learned counsel appearing for the Respondents No.3 & 4 has placed before this court the order dated 2.12.2023 passed by the District Basic Education Officer, Kannauj, whereby he has recalled his order dated 19.10.2023 by means of which direction was issued to stop payment of salary to the petitioner. Copy of the order dated 2.12.2023 is taken on record.

¶4Learned counsel appearing for the petitioner has submitted that though order has been passed on 2.12.2023 but petitioner has not been paid salary with effect from the month of October, 2023.

¶5In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, since order impugned in this writ petition has already been recalled, this writ petition is finally disposed of with direction to District Basic Education Officer, Kannauj to pay salary to the petitioner with effect from the month of October, 2023 in terms of his order dated

2.12.2023. Order Date :- 4.12.2023 Salim High Court of Judicature at Allahabad