Km. Poonam Sharma vs State of U.P. Thru. Prin. Secy. Secondary Education Deptt. U.P. Lko. and 4 Others

After hearing the parties at the interim stage, what comes out, is that the high school and intermediate sections of the institutions are unaided and only part-time teachers/lecturers are functioning at the high school and intermediate level. The erstwhile principal died in August 2003 whereupon the appellant-petitioner was directly recruited as head-mistress. Of course, prior to it, the junior high school had been upgraded to high school and intermediate, but as observed herein above, there were no permanent teachers/lecturers for teaching at the high school and intermediate level, therefore, they could not be given ad hoc charge of the post of principal of the institution. No requisition has been sent to the Board for selecting a principal for the institution. In these circumstances, the appellantpetitioner continued to function as head-mistress of the institution, although the institution is upto the intermediate level. At some point of time, an inquiry was instituted against the appellant-petitioner, which was subject matter of a separate writ petition, which was decided, against which an appeal i.e. Special Appeal No.818 of 2012 has been preferred by the appellant-petitioner, which is connected with this appeal i.e. Special Appeal No.305 of 2025 and in the connected appeal i.e. Special Appeal No.818 of 2012 an interim order is operating wherein the inquiry proceedings against the appellantpetitioner have been stayed, however, there is no stay of her

¶12

SPLA No. 305 of 2025

¶13

2

¶14

suspension. The charge of the post of head-mistress has been given to the next senior teacher i.e. Ms. Asha Maurya, who also teaches at the junior high school level. This fact is not disputed by Shri Anurag Kumar Singh.

¶15

Now, the only question, at this stage, is regarding entitlement of the appellant-petitioner to subsistence allowance during her suspension.

¶16

In the aforesaid circumstances, we see no reason as to why subsistence allowance, including arrears thereof, be not paid to the appellant-petitioner, if otherwise permissible as per Rules. The other teacher, who has been given the charge of the post of headmistress/head-master, shall continue to discharge the duties, in the aforesaid circumstances.

¶17

Both the aforesaid appeals will now be heard finally.

¶18

List on 11.02.2026.

¶19

The parties shall prepare a list of relevant dates and events, skeletal points on which they wish to address the Court as also authorities on which they seek to rely in support of their contentions and exchange the same between them and provide the same to the Court as well.

¶20

(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)

¶21

January 8, 2026

¶22

MVS/-

¶23

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Km. Poonam Sharma v. State of U.P. Thru. Prin. Secy. Secondary Education Deptt. U.P. Lko. and 4 Others

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Km. Poonam Sharma v. State of U.P. Thru. Prin. Secy. Secondary Education Deptt. U.P. Lko. and 4 Others

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