Allahabad High Court
SHIPRA YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition was disposed of without adjudicating the merits, with the court directing that a fresh representation be filed within three weeks for consideration.
Summary
The petitioner, Shipra Yadav, filed a writ petition seeking a court order directing the respondents to renew her appointment as a part‑time instructor at an upper primary school and to pay her honorarium. She claimed that her contract, originally dated 20‑06‑2013, continued until the 2024‑2025 academic session but she could not perform duties due to her son's illness, and she had submitted a representation for renewal which remained pending. The respondents argued that the petitioner had been absent without notice from 16‑06‑2024 to 15‑05‑2026, rendering renewal untenable, and sought a ten‑day adjournment to obtain instructions. The court, after granting the adjournment, noted that no further instructions were provided and that keeping the petition pending served no useful purpose. Consequently, the court disposed of the writ petition without expressing any view on its merits, directing the District Basic Education Officer to consider any fresh representation filed within three weeks and to decide it within two months, and ordered no costs.
Issues considered
- Whether the High Court can issue a writ directing the renewal of the petitioner's part‑time instructor appointment and payment of honorarium.
- Whether the petitioner's prolonged unexplained absence bars consideration of her renewal request.
- Whether the writ petition should be dismissed for non‑compliance with the court's adjournment directions.
Subjects
- part‑time instructor
- contract renewal
- writ petition
- administrative law
- education service
- court direction
- non‑compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 12539 of 2026
Shipra Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satish Chandra Dubey
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner and Dr. Santosh Kumar Shukla,
learned Standing Counsel for the State.
The present writ petition has been filed for the following reliefs:
"a. Issue an appropriate writ, order or direction directing the respondents to renew the petitioner's services
as Part Time Instructor and permit her to discharge her duties as Part Time Instructor at Upper Primary
School Bheekanpur Jaini, Block-Rajpura, District-Sambhal in pursuance of Contract Order dated
20.06.2013 bearing Letter/Order No. 3238-3245/2013-14 issued by respondent no. 2 and further to pay the
monthly honorarium in accordance with law.
b. Issue an appropriate writ, order оr direction commanding the respondent no. 2 to take an appropriate
decision in furtherance of petitioner's pending representation dated 28.03.2026, forthwith."
On 17.08.2026, following order was passed by this Court:
"Heard learned counsel for the petitioner and Dr. Santosh Kumar Shukla, learned Additional Chief
Standing Counsel for the State-respondents.
Learned counsel for the petitioner submits that the petitioner was appointed as a part-time instructor at
Upper Primary School, Bheekanpur Jaini, Block-Rajpura, District-Sambhal, vide Contract order dated
20.06.2013 and she continued up to the academic session 2024-2025. However, she could not perform her
duties due to the illness of her son. Therefore, a representation has been moved before Respondent No. 2
to consider the renewal of the petitioner on the post of part-time instructor, which is still pending.
On the other hand, learned Additional Chief Standing Counsel, Dr. Santosh Kumar Shukla, referring to
page 28 of the petition, submits that the petitioner was absent from 16.06.2024 without any information up
to 15.05.2026. In these circumstances, the renewal cannot be considered. However, he prays for ten days'
time to obtain instructions in this matter. Ordered accordingly.
Put up this case as fresh on 01.09.2026."
Despite no more time granted on previous occasion, instructions are not
there.
WRIA No. 12539 of 2026
2
In view of the above, no useful purpose would be served in keeping the writ
petition pending, therefore, the same is being disposed of with a direction
upon the respondent no. 2 – District Basic Education Officer, Sambhal, that
in case the petitioner moves a fresh representation within three weeks from
today along with certified copy of this order and all the relevant documents
as advised, same will be considered and decided by a reasoned and speaking
order, in accordance with law, expeditiously, preferably within a period of
two months from the date of production of a certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits
of the case. The respondent authority shall pass the order independently and
in accordance with law.
The writ petition is accordingly disposed of.
No order as to costs.
September 18, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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