Allahabad High Court
Bandana Singh vs State Of U.P. And 5 Others on 4 August, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 5408 of 2021 Petitioner :- Bandana Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadhesh Kumar Sharma Counsel for Respondent :- C.S.C.,Deo Dayal Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Dev Dayal, learned counsel representing the respondent Nos.4 to 6.
Sri Dayal, learned counsel appearing for the District Basic Education Officer, fairly concedes that the impugned order would not sustain in light of the decision rendered by a learned Judge in Usha Rani Vs. State of U.P. And 6 Others [Writ -A No. 17399 of 2019 decided on 12.12.2019].In view of the aforesaid Sri Dayal submitted that the ends of justice would merit the matter being remitted to the fifth respondent for taking a decision afresh.
Accordingly, the writ petition is allowed. The impugned order dated 24 February 2021 is quashed and set-aside. The matter shall stand remitted to the fifth respondent for deciding the claim of the petitioner in accordance with law and bearing in mind the decision in Usha Rani. The respondent shall ensure that a fresh decision is communicated to the petitioner not later than within one month from today. It is further clarified that while deciding the aforesaid claim of the petitioner, the fifth respondent shall also consider and pass a reasoned order with respect to the payment of interest on account of delayed disbursal of dues.
Order Date :- 4.8.2021 Rakesh