Court No. - 36
Case :- WRIT - A No. - 10051 of 2021 Petitioner :- Smt Shikha Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Shyam Krishna Gupta appears for respondent no.3.
Present writ petition has been preferred for a direction to respondents to decide the appeal dated 21.12.2019 filed by the petitioner with reasoned and speaking order within stipulated period.
The record in question reflects that the petitioner, who was working as Asstt. Teacher has earlier preferred Writ-A No15952 of 2019 (Smt. Shikha Mishra v. State of U.P. & Ors.) against her termination order, which was dismissed as withdrawn on 18.10.2019 with following observations:-
"Shri Ramesh Kumar Shukla, learned counsel for the petitioner, prays for withdrawal of the present petition with liberty to take recourse to the appropriate remedy available to him under law.
Shri Shyam Krishna Gupta, learned counsel appearing for the respondents no. 2 & 3 and Ms. Praveen Shukla, learned Standing Counsel for the State of U.P., have no objection to the prayer so made.
The writ petition is dismissed as withdrawn with liberty as prayed for."
It is contended that pursuant to aforesaid order the petitioner had preferred appeal on 21.12.2019 before the Secretary, Basic Shiksha, U.P., which has not been decided as yet and as such this Court may come for rescue and reprieve of the petitioner.
At the very outset, learned counsel for the respondents raised an objection that the petitioner has moved appeal before the wrong forum, whereas the appeal has to be moved as per Rule 5 of the U.P. Basic Education Staff Rules, 1973.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned counsel for the respondents.
Considering the facts and circumstances of the case, in the interest of justice, the writ petition stands disposed of with observation that in case the petitioner prefers appeal in accordance with the aforesaid Rules within one week, the same shall be considered and decided on its own merits ignoring the delay and laches expeditiously.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 SP/