Court No. - 18
Case :- WRIT - A No. - 6451 of 2018 Petitioner :- Saroj Bala Respondent :- State Of U.P. Through Its Secretary Ministry Of Basic Education U.P And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioner is before this Court with request to issue direction to the respondent authority to pay her salary for the months of July & August, 2008 forthwith alongwith interest.
Learned counsel for the petitioner states that the petitioner was initially appointed as Assistant Teacher in Primary Girls School, Gauharpur, Shamli, District Muzaffarnagar on 18.11.1968. Thereafter, she was promoted as Headmistress in the year 2002 and was transferred to Primary School Shekhpura on 18.1.2007. Again, she was transferred from Primary School Shekhpura to Mubarikpur on 2.7.2008. On her representation, the said transfer order was cancelled on 23.8.2008 but on the same date, the said order was recalled and she was directed to join at Primary School Mubarikpur. The petitioner challenged the aforesaid order dated 23.8.2008 in Writ Petition No.52963 of 2008 in which an interim order was passed on 15.10.2008 staying the transfer order dated 23.8.2008. The petitioner retired on attaining the age of superannuation on 30.6.2010 and after her retirement, she has been paid all the retiral benefits except salary for the month of July and August, 2008. The petitioner has already filed a representation dated 9.1.2015 before the respondent no.3 for redressal of her grievance, which is still pending. She has confined her prayer only to the relief that her representation dated 9.1.2015 may be considered by the appropriate authority.
Shri Virendra Chaubey, learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Block Education Officer (B.R.C. Bhaisi), Khatauli, District Muzaffarnagar to decide the petitioner's representation in accordance with law within a period of two months from the date of production of a certified copy of this order before him. In case there is any difficulty, he may take appropriate guidance from the second respondent i.e. District Basic Education Officer, Muzaffarnagar within the said period.
Order Date :- 22.2.2018 RKP