Kiran Devi v. State of U.P. &
Case Details
Neutral Citation No. - 2025:AHC:91614 Court No. - 6 Case :- WRIT - A No. - 7563 of 2025 Petitioner :- Kiran Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manava Nand Chaurasiya,Shitala Prasad Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Manava Nand Chaurasiya, learned counsel for petitioner, Sri Kaushlesh Pratap Singh, learned counsel for Respondent-B.S.A. and Sri Abhishek Srivastava, learned Chief Standing Counsel as well as Sri Ashish Kumar Nagvanshi, learned Additional Chief Standing Counsel for State- Respondents. 2. This Court passed following order on 27.05.2025:
Legal Reasoning
“1. Heard Sri Manava Nand Chaurasiya, learned counsel for the petitioner and Sri K.P. Singh, learned Counsel for the respondents. 2. In the present case, petitioner's Medical Leave was rejected by a two word order i.e. "Anumanya Nahi" without assigning any specific reason. 3. Learned counsel for the petitioner submitted that petitioner has earlier approached this Court by way of filing a Writ Petition No.5599 of 2025, Kiran Devi Vs. State of U.P. & 5 Ors, Neutral Citation No:2025:AHC:66240, challenging the order dated 15.4.2025, whereby medical leave of petitioner was rejected on ground that there must be a difference of two years between two medical leaves. Said writ petition was allowed vide order dated 29.4.2025 and order dated 15.4.2025 was set- aside by this Court. Order dated 29.4.2025 is reproduced hereinafter: "1. Heard Sri Manava Nand Chaurasiya, learned counsel for petitioner and Sri K.P. Singh, Advocate for Respondents-4, 5 and 6. 2. It is the case of petitioner that her second maternity leave was rejected on ground that it was sought before 180 days from the date of first maternity leave. 3. Learned counsel for petitioner submits that aforesaid reason has already been rejected in various judgments of this Court including Kushal Rana vs. State of U.P. and others, 2024:AHC:133754. 4. Learned counsel appearing for Respondents-4, 5 and 6 is not able to dispute the above position of law.
Decision
5. In view of above, the writ petition is allowed. Impugned order dated 15.04.2025 passed by Block Education Officer, Shamsabad, District Farrukhabad, is hereby set aside and matter is remitted back to concerned respondent to pass a fresh order in accordance with law 2 taking note of judgment passed by this Court in Kushal Rana (supra) as well as other judgments." 4. Learned counsel for the petitioner submitted that taking note of observations made in the aforesaid order, impugned order has been passed. 5. Learned counsel for the respondents submitted that impugned order appears to have been passed in haste since prior to it, matter was referred to Secretary, U.P. Basic Education,Board, Prayagraj where it is still pending. 6. Court is not satisfied by the explanation submitted by the learned counsel for the respondents. 7. District Basic Education Officer, Farrukhabad, respondent no.5 has marched over the order order passed by this Court on 29.4.2025, which is on the face of it is contemptuous and for that said officer is required to be dealt with strictly. 8. Let, District Basic Education Officer, Farrukhabad, respondent no.5 shall remain present in person to submit explanation. Principal Secretary, Department of Basic Education, Government of U.P. Civil Secretariat, Lucknow, respondent no.1, Director Education (Basic), Basic Shiksha Nideshalaya, Lucknow, respondent no.3 and The Secretary U.P. Basic Education Board, Prayagraj, respondent no.4 shall also remain present in person tomorrow i.e. 28.5.2025 at 12 P.M. since this Court has encountered with many orders which are either contrary to the established procedure or contemptuous in nature. 9. Put up tomorrow as fresh at 12 P.M. 10. Registrar (Compliance) to take steps.” 3. In pursuance of above order, today, Sri Pratap Singh Baghel, Director of Education (Basic), Lucknow; Sri Surendra Kumar Tiwari, Secretary, Basic Education Board, Prayagraj and Sri Gautam Prasad, Basic Education Officer, Farrukhabad, are present. An exemption application is filed on behalf of Principal Secretary, Department of Basic Education, U.P. alongwith personal affidavit. 4. By way of an affidavit, it is placed on record that second maternity leave of petitioner was accepted by an order passed yesterday, i.e., 27.05.2025, uploaded at 03.38 PM, i.e., after the above referred order was passed. 5. District Basic Education Officer, Farrukhabad has extended unqualified apology for marching over the order passed by this Court and 3 gives an undertaking that in future he will obey the orders passed by this Court and follow the law applicable in facts and circumstances of each case. 6. Sri Pratap Singh Baghel, Director of Education (Basic), Lucknow, has addressed the Court and accepted that some Basic Education Officers are not following due process and passed orders which are subject matter of writ petitions before this Court. He refers that remedial action has been taken that not only a show cause notice has been issued to concerned District Basic Education Officer but a circular has also been issued on 27.05.2025 and scanned copy of same is pasted hereinafter: 4 7. He also submits that some remedial measures are taken immediately and for reference the same are mentioned hereinafter: “(1) यह की वि(cid:11)भाग ्ቛारा समय समय पर सक(cid:20) (cid:21) लर के माध्यम से सभी बेसिसक शि(cid:29)्ቌा अधि!कारी को यह आदेशि(cid:29)त विकया जा रहा है की (cid:11)ह आदे(cid:29) पारिरत करते समय माननीय न्यायालय ्ቛारा पारिरत आदे(cid:29)ों, विनयमो ए(cid:11)ं कम(cid:21)चारी ्ቛारा विदए गए ्ቚत्या(cid:11)ेदन का सं्ሺान लेते ह(cid:20)ए (cid:11)ृस्तृत आदे(cid:29) पारिरत करे। (2) यह की समय समय पर वि(cid:11)भाग ्ቛारा बेसिसक शि(cid:29)्ቌा अधि!कारी ए(cid:11)ं उनके अ!ीनस्थ कम(cid:21)चारिरयों की ऑनलाइन ट्र ेिሪनग ए(cid:11)ं वि>सिजकल ट्र ेिሪनग कराई जा रही है। (3) यह की वि(cid:11)भाग ्ቛारा यह भी ्ቚयास विकया जा रहा है की बेसिसक शि(cid:29)्ቌा अधि!कारी ्ቛारा पारिरत आदे(cid:29)ों की एक ्ቚधित विनदे(cid:29)क ए(cid:11)ं अपर विनदे(cid:29)क स्तर के अधि!कारी को ्ቚा् हो सिजससे की समय समय पे उन आदे(cid:29)ों की ग(cid:20)ड़(cid:11)्ቈा की समी्ቌा की जा सके । (4) यह की यविद विकसी बेसिसक शि(cid:29)्ቌा अधि!कारी ्ቛारा वि(cid:11)भागीय विनदE(cid:29)ों का अन(cid:20)पालन सही से नहीं विकया जा रहा है तो उनके वि(cid:11)रु्ቍ वि(cid:11)भागीय काय(cid:21)(cid:11)ाही की जाएगी।" 8. In aforesaid circumstances, since a subsequent order has been passed whereby petitioner’s grievance is now addressed as well as that Sri Baghel, has assured that remedial actions have been taken, therefore, this writ petition is disposed of with observation that aforesaid remedial actions shall be undertaken expeditiously so that unnecessary litigations may not come before this Court. 9. Unqualified apology of District Basic Education Officer, Farrukhabad is accepted. 10. Exemption Application filed on behalf of Principal Secretary, Department of Basic Education, Government of U.P., Lucknow is allowed. 11. The writ petition is accordingly disposed of. Order Date :- 28.05.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad