Disposed

Amrita Rai v. State of U.P. and 2 Others

Allahabad HC25 Nov 2019WRIA/16893/2019

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AI extract

What is this about?

High Court Court No. 3 disposed of a writ petition by Amrita Rai seeking restoration to her original teaching posting. The court issued liberty to file a representation to the District Basic Education Officer within two weeks, directing consideration within one month.

What did the court decide?

Liberty to petitioner to submit representation to District Basic Education Officer; direction to consider within one month.

Amrita Rai Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2019)

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Court No. - 3

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Case :- WRIT - A No. - 16893 of 2019

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Petitioner :- Amrita Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nawal Kishor Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the parties.

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The petitioner was working as Assistant Teacher in Primary School Ram Nagar Umari, Block Mauaima, District Prayagraj. Pursuant to the Government Order dated 20.07.2018, the petitioner was transferred and adjusted in the Prathmik Vidyalaya Malak Payagi, Block Mauaima, District Prayagraj. The Government Order dated 20.07.2018 has been set aside by the Lucknow Bench of this Court in the case of Smt. Reena Singh and Others Vs. State of U.P. & Others 2019 (1) ADJ 319 (LB).

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The grievance of the petitioner is that since the Government Order dated 20.07.2018 pursuant to which she was adjusted has been set aside, therefore, she is entitled to be restored at her original place of posting i.e. Primary School Ram Nagar Umari, Block Mauaima, District Prayagraj. Petitioner in this regard has submitted a representation to the respondent no.3-District Basic Education Officer, Prayagraj, copy of the same is annexed as Annexure 5 to the writ petition.

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Learned counsel for the respondents contends that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.3 District Basic Education Officer to consider the grievance of the petitioner.

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Be that as it may, the adjustment order dated 28.08.2018 clearly reflects that the said order has been passed pursuant to the Government Order dated 20.07.2018 which has been set aside by the Lucknow Bench of this Court, therefore, petitioner is also entitled to the benefit of the judgement of Lucknow Bench of this Court.

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Considering the facts and circumstances of the case and with the consent of the parties, the writ petition is disposed of with a liberty to the petitioner to submit a detailed representation before the respondent no.3-District Basic Education Officer,

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Prayagraj raising all her grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same in accordance with law in the light of judgement of Lucknow Bench of this Court in the case of Smt. Reena Singh (supra) within a period of one month thereafter.

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With the aforesaid observations, the writ petition is disposed of .

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Order Date :- 25.11.2019 Sattyarth

Amrita Rai v. State of U.P. and 2 Others

Case brief

What is this about?

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Amrita Rai v. State of U.P. and 2 Others

Case brief

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