Court No. - 58
Case :- WRIT - A No. - 10820 of 2018 Petitioner :- Smt. Kiran Tripathi @ Kiran Mishra Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Manvendra Nath Singh,Anjali Singh,Nitesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was initially appointed as Shiksha Mitra and her services were later absorbed on the post of Assistant Teacher. Such absorption, however, has not been approved by this Court and the order passed by the Division Bench of this Court has already been affirmed by the Hon'ble Supreme Court in State of U.P. and another vs. Anand Kumar Yadav and others being Civil Appeal No.9529 of 2017. Under the order of the Hon'ble Supreme Court, it has been left to the State to allow such persons to work as Shiksha Mitra. The State Government has issued a Government Order on 20.9.2017 providing that such persons would continue as Shiksha Mitra. By the order impugned dated 20.3.2018, the District Basic Education Officer, Siddharth Nagar has directed the petitioner to join on the post where she was earlier working as Shiksha Mitra. This order is challenged in this petition.
Learned counsel for the petitioner submits that once the petitioner is continuing as Assistant Teacher in the institution concerned, after her absorption, she is entitled to be continued as Shiksha Mitra in the same institution.
Petition is opposed by learned Standing Counsel as well as Sri Ashok Kumar Singh, learned counsel for the District Basic Education Officer concerned.
Once the absorption on the post of Assistant Teacher has been set aside under the order of the Apex Court, petitioner cannot claim her continaunce in the institution where she was absorbed. The only relief, which has been granted to the petitioner to allow her to continue in the institution where she was earlier working as Shiksha Mitra. The order of the District Basic Education Officer directing the petitioner to work in the same institution where she was working as Shiksha Mitra, does not call for any interfere.
Writ petition is accordingly dismissed.
Order Date :- 30.4.2018 Ashok Kr.