Court No. - 18 Case :- WRIT - A No. - 35282 of 2010 Petitioner :- Medini Rastogi Respondent :- State Of U.P. & Others Petitioner Counsel :- Irshad Ali,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
The order impugned dated 24.4.2010 recorded that the petitioner who is
working as Assistant Teacher in Primary School Siwaya Hamidpur Block
Sahaswan District Budaun absented from duty from 1997 to 2007 i.e. 1019
days. She asked for medical leave and obtained salary for the said period
when under the Rules only 365 days of Medical Leave is permissible. It is
further recorded that the petitioner has illegally obtained casual leave of 19
days as against 14 days permissible under the Rules and she was also absent
for 41 days in the year 1993-94. Lastly she has been absented from the
Institution since 2009 without any information. It is in these circumstances
that the representation made by the petitoner has been rejected and his
services have been terminated under the impugned order.
Counsel for the petitoner contended that the impugned order has been passed
without taking into consideration the reply submitted by the petitioner vide
application dated 17.2.2010 and the reasons for termination are patently
illegal. He further submits that without no inquiry has been held and therefore
the permanent staff cannot be removed from service in such a manner.
The plea raised on behalf of the petitioner appears to be based on the statutory
rules applicable. However, from the reading of the writ petition this Court
finds that there is absolutely no explanation with regard to the allegations that
the petitioner is absent from duty since 2009 without any leave.
In paragraph 23 it is stated that the petitoiner is continuously approaching the
respondent no.3 after she was transferred from district Bulandshahr to District
Bareilly for being relieved for joining at the transferred place, but the
respondent no.3 on the other hand has noted that she is absent from duty and
is not reporting for joining at the transferred place. Such explanation is too
flimsy to be accepted. For more than 1 1/2 years, no teacher can be said to
be waiting for being relieved. It is not the case of the petitioner that after
2009 she has been paid salary from the earlier Institution. In the totality of
the circumstances this Court finds that it would be appropriate that the
petitoner may be asked to approach the Secretary of the Basic Education U.P.
Lucknow for ventilating her grievance.
Accordingly, the writ petition is disposed of with liberty to the petitioner to
make a representation ventilating all her grievances before respondent no. 1
within two weeks from today, along with a certified copy of this order. On
such a representation being made, the respondent no. 1 shall call for the
records and shall pass a reasoned speaking order preferably within six weeks
thereafter.
This Court finds that the petitioner has been paid salary from the State
Exchequer illegally as noticed in the impugned order. Some officer has to be
held responsible for creating such a situation, the Secretary shall pass
appropriate order for recovering the salary of the said period from the Offcer
concerned.
Order Date :- 12.7.2010
Sh