Allahabad High Court
SUNITAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that there is no provision for renewal of service after a five‑year lapse and therefore dismissed the petition.
Summary
The petitioner, Sunita, who had been appointed as an "Anudeshak" and served until 2021, applied for renewal of her service after recovering from a medical condition. She claimed that she had sought medical leave and subsequently requested renewal, but no action was taken by the authorities. The respondents, the State of Uttar Pradesh and others, contended that there is no statutory provision allowing renewal of service after a five‑year lapse and that no record of any medical leave application exists. The learned Standing Counsel for the State emphasized the absence of any rule permitting such renewal. The Court examined the submissions and found no legal basis to compel the respondent to grant renewal. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether a public servant whose service has lapsed for five years is entitled to renewal of service under the applicable service rules.
- Whether the petitioner’s alleged medical leave, if any, creates a legal obligation to consider renewal of her appointment.
Subjects
- service renewal
- administrative law
- public employment
- medical leave
- writ petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14207 of 2026
Sunita
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aadesh Kumar Srivastava, Ramesh
Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner and Mr. Shailendra Singh,
learned Standing Counsel for the State-respondents.
This writ petition has been filed with a prayer to direct respondent no. 2 to
consider and grant renewal of the petitioner's service and permit her to
join accordingly.
Learned counsel for the petitioner submits that the petitioner, who was
appointed as "Anudeshak", worked up to 2021. Subsequently, due to her
medical condition, she could not continue to perform her duties and after
recovery, she moved an application before the authorities to consider her
renewal, but nothing has been done.
On the other hand, learned Standing Counsel submits that there is no
provision for renewal of service after a period of five years. There is
nothing on record to show that any medical leave application was moved
by the petitioner or that the same was sanctioned.
In view of the above, no interference is required.
Accordingly, the present writ petition is dismissed.
(Mrs. Manju Rani Chauhan,J.)
September 9, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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