Allowed¶13

Smt. Shruti Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 6 Others

Allahabad HC13 Sept 2024/7551/2024

Case brief

AI extract

What is this about?

Surplus teacher declaration quashed; substantive posting versus attachment of teacher; transfer/adjustment of teacher; U.P. Basic Education; writ of Certiorari; allowed at admission stage; WRIT - A No. 7551 of 2024; Neutral Citation 2024:AHC-LKO:63466; Manish Mathur, J.; order dated 28.08.2024; Primary School Bhilawan Nagar Kshetra Zone-I Lucknow; opposite party no.7 relieved to original posting on 11.09.2024.

What did the court decide?

Impugned order dated 28.08.2024 quashed insofar as it relates to the petitioner; petition allowed at the admission stage itself, with parties to bear their own costs. ¶13

Smt. Shruti Agarwal Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 6 Others — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:63466

¶2

Court No. - 18

¶3

Case :- WRIT - A No. - 7551 of 2024

¶4

Petitioner :- Smt. Shruti Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. And 6 Others Counsel for Petitioner :- Pawan Kumar Pandey,Abhay Kumar Dixit Counsel for Respondent :- C.S.C.,Pradeep Tiwari,Ran Vijay Singh

¶5

Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1, 2 and 4, Mr. Ran Vijay Singh, learned counsel for opposite party no.3 and Mr. Pradeep Tiwari, learned counsel for opposite parties 5 and 6. In view of order being passed in this petition, notices to opposite party no.7 stand dispensed with.

¶7

Petition has been filed challenging order dated 28.08.2024 whereby petitioner has been deemed to be a surplus employee in the Primary School, Bhilawan Nagar Kshetra, Zone-I, Lucknow and has therefore been transferred/adjusted elsewhere.

¶8

The primary submission of learned counsel for petitioner is that petitioner is placed at the aforesaid Primary School on a substantive basis whereas opposite party no.7 was only under attachment with aforesaid Primary School and therefore there was no occasion for opposite parties to have treated petitioner to be surplus. It is submitted that at the most, the attachment of opposite party no.7 could have been rescinded.

¶9

Learned counsel for opposite parties 5 and 6 have been provided written instructions dated 10.09.2024 issued by the Secretary of U.P. Basic Education Board as well as order dated 09.09.2024 issued by Chief Development Officer, Lucknow and consequential order dated 10.09.2024 to submit that all the Teachers attached in other Primary Schools have been directed

¶10

to resume duties in their original place of posting and in pursuance thereof, opposite party no.7 has already been relieved for rejoining at her original place of posting on 11.09.2024 and therefore now the grievance of petitioner stands redressed.

¶11

Aforesaid orders dated 09.09.2024 and 10.09.2024 are taken on record.

¶12

In view of aforesaid, the impugned order dated 28.08.2024 so far as it relates to petitioner is hereby quashed by issuance of a writ in the nature of Certiorari.

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Consequently, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

¶14

Order Date :- 13.9.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shruti Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

Smt. Shruti Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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