The High Court Special Appeal was dismissed. The bench held that since the appellant was declared surplus, granting interim relief to absorb her in another institution would improperly burden that institution's workload and was impermissible.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 920 of 2018
Appellant :- Smt. Tehseen Fatima Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Punit Kumar Gupta Counsel for Respondent :- C.S.C.,Prem Prakash Yadav
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 13.09.2018 passed by learned Single Bench in Writ A-No.19540 of 2018. Learned Single Bench by order aforesaid by calling counter affidavit from respondents refused to grant any interim relief.
Learned counsel appearing on behalf of the appellant submitted that respondents are proceedings to absorb the appellant-petitioner, who has been declared surplus at Institution without adhering procedure prescribed. Learned Single Bench as such should have examined scope of the policy and then should have passed an order granting interim relief.
On going through the entire record, we do not find any merit in the argument advanced.
It is not in dispute that the appellant-petitioner has been declared surplus at the Institution where she was working and the order challenged in the petition for writ pertains to absorb her in service at other Institution. By passing interim order as prayed for the Court cannot burden the Institution with an employee surplus then work load available. Learned Single Bench, thus, rightly refused to grant interim relief.
The appeal, as such, is having no merit. Hence, dismissed.
Order Date :- 25.9.2018 Asha
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the High Court should have granted interim relief to absorb a surplus employee in another institution.
Smt. Tehseen Fatima
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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