Court No. - 23 Case :- SERVICE SINGLE No. - 4174 of 2009 Petitioner :- Yogita Chainani D/O Late Ramesh Chainani Respondent :- State Of U.P.Through Secretary Madhyamik Education & Others Petitioner Counsel :- Ravi Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri Ravi Singh learned counsel for the petitioner and learned
Standing Counsel for the opposite parties.
Learned counsel for the petitioner has submitted that Sri Satendru
Mishra who was appointed along with the petitioner has been given
appointment while no orders have been passed by the District Inspector
of Schools, Lucknow with regard to the petitioner and he has returned
the file vide order dated 19th May 2009 as contained in Annexure no. 1.
On 15.7.2009 time was granted for seeking instructions in the matter
and the case was directed to be listed. On 17.7.2009 again time was
granted and case was listed on 21.7.2009. Neither the instructions have
come nor counter affidavit has been filed till date.
Accordingly the court is left with no other option except to believe the
averments made in the writ petition and pass appropriate orders.
Learned Standing Counsel says that he may be granted further time of
three weeks to file counter affidavit. Rejoinder affidavit may be filed in a
week. List thereafter.
Meanwhile the operation and implementation of the order dated 19th
May 2009, Annexure no. 1 to the writ petition, shall remain stayed with a
direction to the District Inspector of Schools, Lucknow to reconsider the
case of the petitioner. In the light of the Annexure no. 11 to the writ
petition in which the degree of ‘Shiksha Visharad’ appears at serial no.
118 in the total list.
Order Date :- 1.2.2010
Om.