Court No. - 5
Case :- WRIT - A No. - 21022 of 2019 Petitioner :- Chitra Rekha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Upendra Kumar Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner, learned standing counsel for the State- respondents and learned counsel for the Basic Shiksha Parishad and District Basic Education Officer.
Petitioner claims that she was engaged as Shiksha Mitra and subsequently was absorbed at his original place of posting in a Primary School. Subsequently, the challenge made to the appointment of Shiksha Mitra as Assistant Teacher, was set aside. Now, it is contended that the State Government has issued a Government order dated 19.07.2018, which is followed by circulars dated 23.07.2018 and 03.08.2018 providing that an endeavour should be made to post Shiksha Mitra at their original institution. It is contended that the petitioner has moved an application pursuant to the aforesaid Government Order and the circulars but no action has been taken by the concerned authorities. It is further contended that similar writ petition has been disposed of by Bench of this Court directing to submit representation to the District Basic Education Officer for their posting at their original institution and the District Basic Education Officer has been directed to decide the representation in the light of the aforesaid Government Order and the circulars.
In support of his above submission, learned counsel for the petitioner has placed reliance on an order dated 12.12.2019 in Writ A No.20192 of 2019 (Shiv Baran Vs. State of U.P. and 4 others), which is reproduced below:-
"Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondents No.1, 2 and 4, Sri Vikram Bahadur Singh, learned counsel appearing for respondents No.3 and 5. By means of the present petition, the petitioner, who is Shiksha Mitra, has prayed for his absorption at his original place of posting at Primary Schools in different blocks in district Fatehpur in pursuance of the Government Order dated 19.7.2018 as well as circulars dated 23.7.2018 and 3.8.2018 issued by respondents No.1, 2 and 3.
Learned counsel for the petitioner contends that the petitioner was initially appointed as Shiksha Mitra on various dates. Thereafter in pursuance of the Government Orders dated 13.6.2014 and 30.6.3014 the petitioner was absorbed against the post of Assistant Teacher. Upon a challenge being made, their appointments as Assistant Teacher were set-aside as a result of which all the petitioner is now working as Shiksha Mitra.
It is contended that in terms of the Government Order dated 19.7.2018 and circulars that have been issued from time to time namely circulars dated 23.7.2018 and 3.8.2018, the Government has provided that an endeavour should be made to post the Shiksha Mitras at their original institutions. It is contended that despite the said Government Order and circulars being in existence and sufficient vacancies being available with the institutions in which the petitioner was earlier working, no action has been taken for his posting. It is further contended that the respondents on one hand are not posting the petitioner in his original institution and on the other hand by adopting a pick and choose manner the respondents have proceeded to post various Shiksha Mitras to their original institutions.
On the other hand, Sri Vikram Bahadur Singh, learned counsel for respondents No.3 and 5 contends that guidelines have been sought for from the Director, Basic Education and Secretary, Basic Education as to how the Government Order dated 19.7.2018 is to be operated inasmuch as the said Government Order provides that where excess teachers are posted their adjustment should be made by a committee headed by the District Magistrate. It is contended that once the Government Order has been issued for adjustment of the Shiksha Mitra to his original institution, consequently there should not be any occasion for adjustment of teachers and taking into consideration the aforesaid abnormal situation, guidelines have been sought for. Having heard the learned counsel for the parties and having perused the record, what this Court prima facie finds is that the issue of posting of Shiksha Mitras to their original institutions is to be decided by the Basic Shiksha Adhikari at the first instance in terms of the Government Order dated 19.7.2018 read with circulars dated 23.7.2018 and 3.8.2018. Once such exercise is to be done by the Basic Shiksha Adhikari, consequently at this stage the Court is not required to go into the dispute as to where the petitioner is to be posted inasmuch as the same is to be done in pursuance of the Government Order dated 19.7.2018 and taking into consideration the strength of the teachers and Shiksha Mitras.
Accordingly, without entering into the merit of the case, present petition is disposed of requiring the petitioner to submit representation to the Basic Shiksha Adhikari, Fatehpur for their posting at his original institution within a period of two weeks from today. In case such representation is made by the petitioners, the same shall be considered by the Basic Shiksha Adhikari, Fatehpur i.e. respondent No.5 in the light of the Government Order dated 19.7.2018 and circulars dated 23.7.2018 and 3.8.2018 within a period of four weeks from the date of receipt of a certified copy of this order along with representation."
Learned counsels for the respondents jointly submit that the present writ petition may be disposed of in terms of the aforequoted order in the case of Shiv Baran (supra).
In view of the submissions made by learned counsels for the parties, this writ petition is disposed of on the same terms and conditions as mentioned in the aforequoted order in the case of Shiv Baran (supra).
Liberty is granted to the petitioner to make a representation before the District Basic Education Officer concerned alongwith a certified copy of this order within two weeks from today and if such a representation is made within the stipulated period the same shall be considered by the concerned District Basic Education Officer, in the light of the Government Order dated 19.07.2018 and circulars dated 23.07.2018 and 03.08.2018 and a decision in accordance with law shall be taken within next four weeks, without being influenced by any of the observations made in the body of this order.
Order Date :- 20.12.2019/vkg