IMPORTANT POINT
A party not pursuing his/her legal rights diligently is not entitled to any relief.
No work no pay.

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal challenges the decision dated 21.03.2017 passed by the High Court of Judicature at Allahabad dismissing Special Appeal (Defective) No.374 of 2015 preferred by the appellant herein.

3. The Institution named “Junior High School, Dandupur, Chaka, Allahabad” is an Institution recognized under UP Basic Education Act, 1872 and its staff receives salary under the provisions of UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. 1st respondent-Sushila Jaiswal (since deceased, represented by her legal representatives) was initially appointed as Assistant Teacher in a Primary School on the basis of appointment letter dated 12.06.1979.

4. 1st respondent was thereafter promoted on 26.06.2000 in upper Primary Institution, Dandupur, Chaka, Allahabad. She was on medical leave from 25.11.1999 to 30.06.2000 and later from 01.08.2001 to 05.09.2002. When 1st respondent came back on 06.09.2002, she was not allowed to join. By order dated 19.10.2002 the appellant requested Chief Medical Officer, Allahabad to examine 1st respondent and to provide medical report regarding her fitness. Despite such clear requisition, no medical report was received. The request was reiterated by the appellant vide further letters dated 30.10.2002 and 25.11.2002. It appears that 1st respondent thereafter filed Civil Miscellaneous Writ Petition No.14885 of 2006 submitting that she was not being permitted to join the services and prayed for relief of reinstatement as well as for providing arrears of salary. It further appears that no order for reinstatement or for payment of any salary was passed in said writ petition and said writ petition was later dismissed for default.

5. While compiling list of Teachers who had absented themselves from School for a long period without any authority, the name of 1st respondent was included in such list and consequently notice was issued by the appellant to 1st respondent on 07.10.2009 either to join the services or to explain unauthorized absence. Pursuant thereto, 1st respondent appeared before the appellant on 16.12.2009 but could not explain her absence. By proceeding dated 14.01.2010 the appellant passed following order:-

“In the aforesaid matter, Assistant Basic Education Officer, Chaka and Smt. Sushila Jaiswal were called for hearing on 16.12.2009 in the office of District Basic Education Officer, Allahabad. At the time of hearing Smt. Jaiswal came on walker and assisted by her husband. Looking at her condition, it can be safely concluded that Smt. Jaiwal is unable to stand without the help of another person and walker and that she is not fit for teaching job. Therefore the provisions as given under the Financial Handbook Volume II, part 2 to 4, Rule 18 for persons who are absent for more than 5 years would be applicable and disciplinary actions be taken against Smt. Sushila Jaiswal.

Smt. Sushila Jaiswal is also liable for not producing fitness certificate from the office of Chief Medical Officer, Allahabad to this office and also for absenting herself from her teaching work for more than 5 years, the services of Smt. Sushila Jaiswal, Assistant Teacher, Upper Primary School, Dandupur, Block-Chaka are terminated.”

6. The aforesaid order was challenged by 1st respondent by filing Writ Petition No.18853 of 2010 and the High Court by its order dated 07.04.2010 directed CMO, Allahabad to conduct medical test in respect of 1st respondent and submit a report. The Chief Medical Officer recorded that 1st respondent was suffering from osteoarthritis and could not stand for long period but observed that she was fit for teaching job. Based on this report, the High Court vide its order dated 21.04.2010 directed that 1st respondent be reinstated and in so far as the period of absence was concerned an appropriate order in accordance with law be passed by the appellant.

7. In compliance of the order dated 21.04.2010, the appellant vide order dated 05.05