Court No. - 33
Case :- WRIT - A No. - 6078 of 2016 Petitioner :- Shalini And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Ashok Khare,Dev Raj Singh,Krishan Mohan Pandey,Seemant Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Rajiv Joshi
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 27.06.2015, whereby the District Basic Education Officer, Allahabad, has discontinued petitioners' engagement as Part-time Instructor on the ground that strength of students since was below 100 in the institution, therefore, in terms of the Government Order dated 25.12.2014 their engagement itself was contrary to the policy.
Records reveal that petitioners were engaged for a period of eleven months. The Government Order dated 25.12.2014, restricts engagement of Part-time Instructor only in such higher primary institutions where strength of students is above 100. The government order dated 25.12.2014 is not availed. Petitioners' engagement was otherwise for a period of eleven months. They have been disengaged on 27.06.2015 and a period of nearly five years has expired since then. There is no challenge in the writ petition to the finding that institutions where petitioners were engaged the strength of students was below 100.
In view of the admitted position that petitioners' initial engagement was contrary to Government Order dated 25.12.2014 their disengagement in subsequent sessions on the ground that student strength is below 100 merits no interference.
Writ petition is, accordingly, dismissed.
Order Date :- 23.9.2021 Ashok Kr.