Court No. - 18 Case :- WRIT - A No. - 40974 of 2010 Petitioner :- Km. Mamta Lata Respondent :- State Of U.P. And Others Petitioner Counsel :- Nisar Uddin,Arvind Kumar Srivastava Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.
The contractual appointment of the petitioner as full-time teacher in Kasturba
Gandhi Awasiya Balika Vidyalaya, Etawah has been brought to an end under
the impugned order of the District Basic Education Officer, Etawah dated
15th April, 2010 on the allegation that on enquiry by a Committee qua beating
of girls students by the petitioner, it has been found that the petitioner in fact
had beaten the children and that he had refused to sign the attendance register.
The petitioner has been held unfit to be permitted to continue as teacher on
contractual basis in Kasturba Gandhi Awasiya Balika Vidyalaya. The order is
being challenged on the ground that the petitioner has not been afforded
opportunity of hearing before passing the impugned order.
This Court has examined the contract entered into between the petitioner and
the District Basic Education Officer, a copy whereof has been brought on
record as Annexure-1 to the writ petition. Clause-2 of the agreement shows
that the appointment is only upto 30th May, 2010 or till the end of the
academic session. 30th May, 2010 as well as the academic session have
expired. The appointment of the petitioner can thereafter be extended only
under an order to be passed by the District Magistrate, provided the work and
performance of the petitioner is found to be satisfactory by him. In these set of
circumstances, it is desirable that the petitioner may represent her grievances
before the District Magistrate at the first instance.
Accordingly, it is provided that if the petitioner makes an application before
the District Magistrate, ventilating her grievances, supported by such
documents, as may be advised within two weeks from today, along with a
certified copy of this order, the District Magistrate shall consider and decide
the same, strictly in accordance with law, by means of a reasoned speaking
order, preferably within six weeks.
The present writ petition is disposed of.
(Arun Tandon, J.)
Order Date :- 16.7.2010
Sushil/-