Disposed

Smt. Babita Kumari Alias Babita Kumari Yadav v. State of U.P. Thru Addl Chief Secy Basic Education Lko. and 5 Others

Allahabad HC10 Jun 2022/3789/2022

Case brief

AI extract

What is this about?

Writ petition challenging termination of services dismissed as.not.maintainable.due.available.appellate.remedy.petitioner.granted.liberty.to.file.appeal.under.Up.Basic.Education.Staff.Rules.1973.and.interim.order.passed.

What did the court decide?

Writ petition disposed of with liberty to file appeal within two weeks; appeal to be decided within three months.

Smt. Babita Kumari Alias Babita Kumari Yadav Vs… — Service and Employment | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - A No. - 3789 of 2022

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Petitioner :- Smt. Babita Kumari Alias Babita Kumari Yadav Respondent :- State Of U.P. Thru Addl Chief Secy Basic Education Lko. And 5 Others

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Counsel for Petitioner :- Rajiv Raman Srivastava Counsel for Respondent :- C.S.C.,Manish Mishra,Ran Vijay Singh

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Rajiv Raman Srivastava, the learned counsel for the petitioner, Sri Manish Mishra, the learned counsel for District Basic Education Officer and Block Education Officer, Lucknow and Sri Divesh Mishra, the learned Additional Chief Standing Counsel for opposite party nos. 1, 2, 4 and 7.

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By means of the present writ petition, the petitioner has challenged the validity of an order dated 17.02.2022 passed by the District Basic Education Officer, Lucknow, by which the services of the petitioner has been terminated.

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Sri Manish Mishra, has raised a preliminary objection that the petitioner has a right to file an appeal against the aforesaid order of termination under Rule - 5 of U.P. Basic Education Staff Rules - 1973. This writ petition is not maintainable in view of the availability of alternative remedy.

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Confronted with the aforesaid submission, the learned counsel for the petitioner states that he may be given an opportunity to file an appeal against the impugned order dated 17.02.2022 and the same may be decided in accordance with law.

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Keeping in view the aforesaid circumstances, the instant writ petition is disposed of with liberty to the petitioner to file an appeal against the order dated 17.02.2022 within a period of two weeks from today. In case any such appeal is filed by the petitioner, the same will be considered and decided in accordance with law within a period of three months.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 10.6.2022 Om

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Digitally signed by OM PRAKASH MISHRA Date: 2022.06.10 18:54:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt. Babita Kumari Alias Babita Kumari Yadav v. State of U.P. Thru Addl Chief Secy Basic Education Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Smt. Babita Kumari Alias Babita Kumari Yadav v. State of U.P. Thru Addl Chief Secy Basic Education Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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