Court No. - 26 Case :- WRIT - A No. - 68244 of 2005 Petitioner :- Smt. Abhilasha Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Indrasen Singh Tomar Respondent Counsel :- C.S.C. Hon'ble Anil Kumar,J.
Heard counsel for the parties and perused the record.
In brief the facts of the present case are to the effect that the petitioner who is
a trained B.T.C. Teacher working as Assistant Teacher in Primary School,
Chakra District Mau by means of the order dated 12.07.2005 was promoted as
Headmaster of a Junior High School, Meudi Kalan, Ratanpura, Mau and in
view of the circular/Government Order dated 31.03.2005 and accordingly an
order was issued thereby transferring the petitioner to the said institution
however the petitioner did not join in pursuance to the order dated 12.07.2005
on the post of Headmaster on which he was promotted and posted in the said
institution but had filed the present writ petition before this Court thereby
challenging the order dated 12.07.2005 (Annexure-4) passed by District Basic
Education Officer, Mau.
On 26.10.2005, this Court has passed an order, the operative portion of the
same is as under:-
“Such a course was not permissible in law as prima facie it would violate the
circular of the respondents themselves dated 31.03.2005. Accordingly status
quo with regarding to posting of the petitioner as existing today shall be
maintained. All the respondents are granted three weeks time to file counter
affidavit.”
Learned counsel for the petitioner further submits that during the intervening
period, the petitioner was retired from service after the attaining the age of
superannuation.
In view of the abvoesaid facts and after hearing the counsel for the parties, the
present writ petition has become infructuous however if the petitioner has any
grievance she may approach the appropriate authority for redressal of the
same by filing a representation annexing all the relevant document in support
of her case within a period of two weeks from the date of receiving of the
certified copy of this order and after receiving the same respondent No. 3
(District Education Officer, Mau) shall consider and dispose with speaking
and reasoned order within a further period of six weeks thereafter.
With the above observation, the writ petition is dismissed.
Order Date :- 26.7.2010
Ravi/-