Disposed

Premlata Kumari v. State of U.P. through Collector, Sambhal, and 3 Others

Allahabad HC19 Nov 2018WRIA/23083/2018

Case brief

AI extract

What is this about?

The Court addressed a writ petition by a teaching staff member discontinued mid-session without a written order under the Sarva Shiksha Abhiyan scheme. The Court directed the District Magistrate to examine the representation on discontinuance before proceeding with fresh selection against the vacancy, issuing a six-week deadline.

What did the court decide?

Directed the District Magistrate, Sambhal, to take appropriate action on the petitioner's representation regarding discontinuance before fresh selection and to complete this within six weeks of receiv

Premlata Kumari Vs State of U.P. through… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 40

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Case :- WRIT - A No. - 23083 of 2018

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Petitioner :- Premlata Kumari

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Respondent :- State Of U.P. Through Collector, Sambhal, And 3 Others Counsel for Petitioner :- Ikram Ahmad Counsel for Respondent :- C.S.C.,Satish Yadav

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties.

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By means of this writ petition, under Article 266 of the Constitution of India, the petitioner has sought relief in the nature of mandamus directing the respondents to allow the petitioner to continue with her teaching job at Kasturba Gandhi Avasiya Balika Vidyalaya, Junawai, District Budaun ( Sambhal).

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The institution is being run under the Scheme of Sarva Shiksha Abhiyan in which the appointment is made only for a period of 11 months on the basis of contract to survive till the said period and on the payment of honorarium. The continuance/ renewal of such teacher is granted on the basis of work and conduct. The petitioner though had been continued but she has now been discontinued in the mid-session without there being any order in writing.

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The argument is that once the scheme is continuing, the petitioner cannot be discontinued in the mid-session/ mid-term. The petitioner further contends that fresh notification has been issued to fill up the vacancy on which the petitioner is working.

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Learned counsel Shri Satish Yadav, who represents the concerned respondents in the matter says that the instructions could not be obtained as the documents are in the Almirah under the custody of the concerned desk clerk since time.

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Although appointment under the Scheme lies for the scheme and no contractual appointment on payment of honorarium creates any right, but considering the facts and circumstances of the case when petitioner has been simply discontinued without any order in writ petition as alleged, in the opinion of the Court, the matter requires examination at the end of second respondent, District Magistrate, Sambhal.

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Since the advertisement has already been issued, it is expected that, in case, the petitioner makes a comprehensive representation to the District Magistrate, Sambhal, I hereby direct the District Magistrate to take appropriate action on the representation of discontinuance of petitioner prior to adopting procedure for fresh selection against the vacancy occupied by the petitioner and positively within a period of six weeks from the date of production of a certified copy of the order.

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The writ petition stands disposed of.

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Order Date :- 19.11.2018

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SFH

Premlata Kumari v. State of U.P. through Collector, Sambhal, and 3 Others

Case brief

What is this about?

What did the court decide?

Premlata Kumari v. State of U.P. through Collector, Sambhal, and 3 Others

Case brief

What is this about?

What did the court decide?

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