Disposed

Shalini Kulshreshtha v. State of U P and 2 Others

Allahabad HC27 Nov 2019WRIA/17596/2019

Case brief

AI extract

What is this about?

The Lucknow Bench of this Court had set aside a government order transferring and adjusting the petitioner. This Court, with parties' consent, disposed of the writ petition by directing the District Basic Education Officer to consider the petitioner's grievances in light of the Lucknow Bench judgment and decide within one month after receiving a fresh representation within two weeks. The writ peti

What did the court decide?

Liberty granted to petitioner to file fresh representation within two weeks for consideration and decision by Respondent No.2 within one month.

Shalini Kulshreshtha Vs State of U P and 2 Others — Education and Admissions | Allahabad HC (2019)

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Court No. - 3

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Case :- WRIT - A No. - 17596 of 2019

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Petitioner :- Shalini Kulshreshtha Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Vikram Bahadur Singh, learned counsel for respondent nos.2 and 3.

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The petitioner was working as Assistant Teacher in Uchchtar Prathmik Vidyalaya Saray Bhopat Vikas Khand Block Jaswant Nagar, District Etawah. Pursuant to the Government Order dated 20.07.2018, the petitioner was transferred and adjusted in Uchchtar Prathmik Vidyalaya Janakpur Vikas Khand, Block Jaswant Nagar, District Etawah. 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 back at her original post of posting i.e. Uchchtar Prathmik Vidyalaya Saray Bhopat Vikas Khand Block Jaswant Nagar, District Etawah. Petitioner in this regard has submitted a representation to the respondent no.2-District Basic Education Officer, Etawah, copy of the same is annexed as Annexure 6 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.2-District Basic Education Officer to consider the grievance of the petitioner.

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Be that as it may, the adjustment order dated 07.09.2018 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

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the consent of the parties, the writ petition is disposed of with liberty to the petitioner to submit a fresh representation before the respondent no.2-District Basic Education Officer, Etawah 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.2 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 . Order Date :- 27.11.2019 Sattyarth

Shalini Kulshreshtha v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Shalini Kulshreshtha v. State of U P and 2 Others

Case brief

What is this about?

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