Garima Vashishtha vs State Of U.P. And 3 Others
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Allahabad High Court

Garima Vashishtha vs State Of U.P. And 3 Others on 22 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Reserved
 
Neutral Citation No. - 2025:AHC:144938
 

 
Court No. - 19 (Through Video Conferencing)
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 180 of 2025
 
Applicant :- Garima Vashishtha
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Siddharth Khare
 
Counsel for Opposite Party :- Archana Singh,C.S.C.
 

 
Hon'ble Manjive Shukla,J.
 

(Civil Misc. Delay Condonation Application No.01 of 2025)

1. Heard Shri Siddharth Khare, learned counsel appearing for the review applicant, leaned Standing Counsel appearing for the respondent nos.1 and 2 as well as Smt. Archana Singh, learned counsel appearing for the respondent nos.3 and 4.

2. The review application has been filed seeking review of the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023 along with an application for condonation of delay in filing the review application.

3. It has been contended on behalf of the review applicant that in compliance of the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023, the District Basic Education Officer, Budaun had passed an order on 08.11.2023 whereby, the applicant was allowed to join on her post but she has not been paid the arrears of salary for the period from 28.01.2021 to 02.12.2022.

4. The applicant had challenged the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023 by filing Special Appeal (Defective) No.470 of 2024 (renumbered as Special Appeal No.985 of 2024), which had been disposed of vide order dated 02.04.2025, whereby the review applicant had been given liberty to file an application for clarification/review of the judgment and order dated 25.07.2023. In the aforesaid circumstances, the applicant has filed the review application seeking review of the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023.

5. Learned counsel appearing for the review applicant has submitted that though there is delay in filing this review application but the same is neither deliberate nor intentional and is due to aforesaid reasons, therefore, it is in the interest of justice that this Court may kindly condone the delay in filing of this review application.

6. The respondents have not filed any objection against the application for condonation of delay.

7. Even otherwise, learned Standing Counsel appearing for the respondent nos.1 and 2 and Smt. Archana Singh, learned counsel appearing for the respondent nos.3 and 4 do not have any serious objection in condonation of delay in filing the review application.

8. I have consider the averments made in the affidavit filed in support of the application for condonation of delay in filing the instant review application and find that the delay has been sufficiently explained. Even otherwise, the respondents do not have objection, if the delay in filing the review application is condoned.

9. In view of the aforesaid reasons, the delay in filing the review application is hereby condoned.

Order On Memo Of Review Application:

1. The instant review application has been filed seeking review of the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023.

2. It has been contended on behalf of the review applicant that Writ-A No.8354 of 2023 was filed with specific prayer that this Court may issue a direction with regard to sanction of arrears of salary for the period she remained out of service. It has further been contended that though this Court allowed Writ-A No.8354 of 2023 and had quashed the order dated 03.12.2022 passed by the District Basic Education Officer, Budaun, whereby applicants appointment was cancelled but did not consider the prayer for grant of arrears of salary and did not pass any order in that regard.

3. Learned counsel appearing for the review applicant has submitted that in compliance of the judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023, the District Basic Education Officer, Budaun had passed an order dated 08.11.2023 whereby, he had allowed the applicant to join on her post in terms of her appointment order dated 11.12.2000. The District Basic Education Officer, Budaun had also paid arrears of salary for the period from 28.01.2021 to 02.12.2022 but had denied the salary for the period from 03.12.2022 till the date of her reinstatement i.e. 08.11.2023 on the ground that there is no order passed by this Court in that regard.

4. Learned counsel appearing for the review applicant has argued that it was the District Basic Education Officer, Budaun who had illegally cancelled the applicants appointment and once that cancellation order had been quashed by this Court, the District Basic Education Officer, Budaun is under legal obligation to pay the arrears of salary for the period from 03.12.2022 to 08.11.2023.

5. It has further been argued that since the review applicant was prevented from doing work by an illegal order of cancellation of her appointment which had subsequently been quashed by this Court, the applicant is entitled for salary for the intervening period i.e. from the date of cancellation of her appointment till the date of her reinstatement.

6. Learned counsel appearing for the review applicant had vehemently argued that in the case of identically placed person i.e. Nandani Barnwal, the District Basic Education Officer, Budaun, in terms of the order passed by this Court, had allowed her to join in service and had paid the entire arrears of salary, including arrears of salary for the period from the date of cancellation of her appointment till the date of her joining but in most arbitrary and discriminatory manner, while dealing with the case of review applicant, he had denied salary for the period from 03.12.2022 to 08.11.2023.

7. Learned the counsel appearing for the review applicant has strenuously argued that the categorical prayer was made by the applicant in her writ petition for a direction for sanction and payment of arrears of salary for the period she remained out of service but this Court while deciding the writ petition vide judgment and order dated 25.07.2023 has not considered the said prayer and no direction has been issued in that regard, therefore, it is apparent that the judgment and order dated 25.07.2023 suffers from an error apparent on the face of the order, as such is liable to be reviewed by this Court. It has also been argued that this Court may review its judgment and order dated 25.07.2023 passed in Writ-A No.8354 of 2023 keeping in view that in the case of identically circumstanced person i.e. in the case of Nandani Barnwal the District Basic Education Officer, Budaun himself had granted the benefit of arrears of salary.

8. Smt. Archana Singh, learned counsel appearing for the respondent nos.3 and 4 though has opposed this review application but could not give any reason, as to when the review applicant was prevented from working on her post by an illegal order of cancellation of her appointment which had been quashed by this Court, then why she is not entitled for the arrears of salary for the period starting from the date of cancellation of her appointment till the date of her reinstatement.

9. Smt. Archana Singh, learned counsel appearing for the respondent nos.3 and 4 has also not denied that the identically placed person i.e. Nandani Barnwal had already been granted the benefit of arrears of salary by the same authority i.e. the District Basic Education Officer, Budaun.

10. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the review applicant while filing Writ-A No.8354 of 2023 had made following main prayers:

(a) a writ, order or direction in the nature of certiorari quashing the order dated 03.12.2022 issued by the Basic Shiksha Adhikari, Budaun (Annexure No.19 to this writ petition).

(b) a writ, order or direction in the nature of mandamus commanding the respondent authorities to forthwith reinstate the petitioner as Assistant Teacher and sanction her regular monthly salary every month.

(c) a writ, order or direction in the nature of mandamus commanding the respondent authorities to sanction arrears of salary to the petitioner with effect from her initial appointment till date with interest at a rate to be specified by this Honble Court.

11. It is apparent that the review applicant had prayed for arrears of salary for the period she remained out of service but due to inadvertent mistake, while deciding Writ-A No.8354 of 2023 vide judgment and order dated 25.07.2023, the said prayer has not been considered and no direction has been issued in that regard. The judgment and order dated 25.07.2023 suffers with an error apparent on its face. Even otherwise, this Court also finds that the review applicant was prevented to work on her post by an illegal order passed by the District Basic Education Officer, Budaun cancelling her appointment and once the said order had been quashed by this court, the natural corollary is that the review applicant/writ petitioner shall be entitled for the arrears of salary for the period she remained out of service. It is also apparent on the face of record that the same authority i.e. the District Basic Education Officer, Budaun, in the case of identically placed person i.e. Nandani Barnwal, had granted the benefit of payment of arrears of salary for the period she remained out of service .

12. In view of the aforesaid reasons, this Court finds that there is error apparent on the face of the judgment and order dated 25.07.2023, therefore, it needs to be reviewed by this Court.

13. Accordingly, the review application is allowed. The judgment and order dated 25.07.2023 passed in Writ-A No.8354 is reviewed and in addition to the directions issued in the said judgment, the District Basic Education Officer, Budaun is directed to sanction and pay the arrears of salary to the review applicant for the period from 03.12.2022 to 08.11.2023 within two months from the date of presentation of this order before him.

(Manjive Shukla, J.)

Order Date :-22.08.2025

akhilesh