Court No. - 5
Case :- WRIT - A No. - 4393 of 2021 Petitioner :- Mahadei Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar Upadhyay Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Rameshwar Prasad Shukla
Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today in Court, is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner claims to have been appointed as Cook (Rasoiya) in Junior High School Chak Chorra Block and Tehsil Martinganj, District Azamgarh (hereinafter referred as 'the School') in the year 2011. The petitioner has been continuously working since then. She is a member of Madhyan Bhojan Rasoiya Kalyan Samiti Uttar Pradesh and is being paid Rs.1000/- per month as honorarium. Thereafter,on 01.11.2019 the respondent authorities has stopped the petitioner from entering the premises of the school and to prepare the mid-day meal.
The grievance of the petitioner is that since there are four cooks in the School but the respondents have only restrained the petitioner from working. The petitioner in this respect has made made application/representation to the respondent authorities, but no heed has been paid on the same.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider 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 of with liberty to the petitioner to file a fresh representation before the respondent no.3-District Basic Education Officer, Block Martinganj, District Azamgarh, along with a certified copy of this order 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.3 shall consider and decide the same, strictly in accordance with law, by a reasoned and speaking order, preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 28.10.2021 NS