Court No. - 18 Case :- WRIT - A No. - 54350 of 2009 Petitioner :- Smt. Neelima Dwivedi Respondent :- State Of U.P. & Others Petitioner Counsel :- S.B. Singh Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Petitioner had approached this Court for the first time by
means of Civil Misc. Writ Petition No.24942 of 2004 seeking
re-fixation of her salary as well as grant of selection grade.
The petition was decided on 09.07.2004 requiring the Basic
Shiksha Adhikari to consider the grievance of the petitioner
within the time permitted.
The Basic Shiksha Adhikari rejected the representation so
made by the petitioner vide order dated 30.10.2004 and it has
been held that inclusion of the services rendered by the
petitioner in the institution before it was taken on the grant in
aid list was misconceived. Therefore, neither selection grade
nor pay fixation was required.
This order of the Basic Shiksha Adhikari was subjected to
challenge by means of writ petition no. 77158 of 2005. The
petition was got dismissed as withdrawn on 06.11.2008.
By means of this third writ petition, the petitioner has again
prayed for quashing of the same order dated dated
28/30.10.2004 and for consideration of her services rendered
prior to the institution being taken on grant in aid list.
Counsel for the petitioner contended that the earlier writ
petition directed against the same order was got dismissed
as withdrawn on the assurance given by the authorities that
they shall examine the grievance of the petitioner. They have
refused to do so. Hence this petition.
It appears that in between the petitioner also filed Contempt
Application No. 4557 of 2008 which was dismissed as
misconceived vide order dated 08.07.2009.
From the order of the writ Court dated 19.11.2008 which is
enclosed as Annexure 15 to this writ petition, it is apparently
clear that the writ petition was dismissed without any liberty
being granted to the petitioner to file a fresh petition. This
second writ petition challenging the same order is, therefore,
not maintainable. If the petitioner has any grievance qua her
being misled by the authorities resulting in making of the
withdrawal application, it is always open to the petitioner to
file appropriate application, if so advised, in her earlier writ
petition no. 24942 of 2004. Second writ petition for the same
cause has to be dismissed.
Writ petition is dismissed.
Dated : 19.07.2010
VR/54350/09