Court No. - 5
Case :- WRIT - A No. - 14843 of 2021 Petitioner :- Smt. Gargi Respondent :- State Of U.P. And Others.
Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Prem Prakash Yadav Digitally signed by SARAL SRIVASTAVA Date: 2021.10.25 17:40:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri B.P. Yadav, Advocate holding brief of Sri Prem Prakash Yadav, learned counsel for the respondents.
The petitioner is Assistant Teacher in Ucch Prathmik Vidyalaya Pratappur, Najibabad, District Bijnor. By the order dated 30.09.2021 of the Block Education Officer, she has been made incharge of the school on the ground that she is the senior most teacher in the school.
Learned counsel for the petitioner submits that petitioner is not the senior most teacher in the school and her name is at serial no.3 in the seniority list. He further contends that petitioner is aged about 58 years and is suffering from various ailments, and therefore, it is very hard for the petitioner to discharge the duties of incharge of the school.
Learned counsel for the respondents contends that petitioner can raise all her grievance against the order impugned before the competent authority i.e. respondent no.2-District Basic Education Officer, Bijnor, who can look into the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the respondent no.2-District Basic Education Officer, Bijnor along with a copy of this order downloaded from the official website of High Court, Allahabad, 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 strictly in accordance with law by a reasoned and speaking order, preferably within a period of one month thereafter.
The impugned order shall abide by the orders passed by respondent no.2 on the representation of the petitioner.
Order Date :- 25.10.2021 Sattyarth