Court No. - 26 Case :- WRIT - A No. - 5065 of 2010 Petitioner :- Smt. Meera Rai Respondent :- State Of U.P. & Others Petitioner Counsel :- Shashi Bhushan Kunwar Respondent Counsel :- C.S.C.,V.B. Misra Hon'ble Shishir Kumar,J.
Heard learned counsel for petitioner and learned Standing Counsel.
This writ petition has been filed in the nature of mandamus commanding the
respondents to make an enquiry against illegal appointment by Manager of his
close relative. Further a writ in the nature of mandamus commanding the
respondents to call for fresh list of teachers including the name of petitioner.
Petitioner submtis that she is working in the institution from 1990 and
institution in question was brought under grant-in-aid in February, 2002 but
Management has not send the name of petitioner in the list for the purposes of
payment of salary. Petitioner as well as one Amar Nath Upadhyay moved an
application before the District Inspector of Schools and reqeusted that
Manager of the institution be directed to submit another list. In spite of
repeated requests and representations to District Inspector of Schools, the
District Inspector of Schools has not taken any decision. The Joint Director of
Education vide its letter dated 14.9.2007 has directed the District Inspector of
Schools to take a decision strictly in accordance with law but in spite of
aforesaid fact, no decision has been taken and name of petitioner has not been
sent by managment.
I have heard learned counsel for parties and have perused the record. As the
controversy regarding the fact that whether petitioner was teaching in the
institution prior to the date of becoming the instutiton in grant-in-aid or not
has to be considered and decided by the comptent authority on the baiss of
relevant record, therefore, it will be appropriate that the matter may be
directed to be considered by the District Inspector of Schools, Ballia
respondent No.4 on the basis of relevant records and will pass a detailed and
reasoned order strictly in accordance with law after affording full opportunity
to petitioner and other relevant parties within a period of three months from
the date of production of certified copy of this order.
With these observations the writ petition is disposed of, however, without
imposing any cost.
Order Date :- 2.2.2010
SKD