Kamala Devi vs State Of U.P. Thru. Prin. Secy. Basic ...
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Allahabad High Court

Kamala Devi vs State Of U.P. Thru. Prin. Secy. Basic ... on 8 November, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:73826
 
Court No. - 5
 

 
Case :- WRIT - A No. - 10207 of 2024
 

 
Petitioner :- Kamala Devi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Deptt. Lko And 3 Others
 
Counsel for Petitioner :- Yogesh Kumar
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh
 

 
Hon'ble Abdul Moin,J.
 

Heard learned counsel for the petitioner, Sri P.K.Singh, learned Additional Chief Standing counsel for the respondents no. 1 & 2 and Sri Prashant Kumar Singh, learned counsel for the respondents no. 3 & 4.

At the very outset, Sri Prashant Kumar Singh, learned counsel for the respondents no. 3 & 4 takes a preliminary objection that the instant writ petition has been filed without disclosing that earlier the petitioner had filed Writ-A No. 8048 of 2024 Inre; Kamala Devi Vs. State of U.P and Ors which has been decided vide judgment and order dated 19.09.2024 in which this Court has given liberty to the petitioner to file a fresh representation before the Basic Shiksha Adhikari who has been required to consider the same expeditiously in case service records are available.

It is contended that once the instant writ petition has been filed without disclosure of the aforesaid consequently, the instant writ petition deserves to be dismissed on the ground of concealment of fact.

Responding to that, learned counsel for the petitioner states that the petitioner had not informed about the earlier writ petition consequently, the said fact would not be disclosed.

Although the writ petition deserves to be dismissed with exemplary cost on account of concealment of material fact but considering that the matter pertains to family pension and this Court vide order dated 19.09.2024 has only required the Basic Shiksha Adhikari to consider the claim of the petitioner as such, the writ petition is dismissed without prejudice to the earlier order dated 19.09.2024 as passed by this Court.

Order Date :- 8.11.2024

Pachhere/-