Court No. - 26 Case :- WRIT - A No. - 2636 of 2010 Petitioner :- Smt. Nirmala Rai Respondent :- State Of U.P. & Others Petitioner Counsel :- S.N. Shukla Respondent Counsel :- C.S.C.,Juned Alam,Mahesh Narain Singh,Rajeshwar Singh Hon'ble Shishir Kumar,J.
Heard Sri S.N.Shukla, learned counsel for petitioner and Sri Juned Alam,
learned counsel appearing for respondent No.6 and learned Standing Counsel.
Petitioner is aggrieved by order dated 20.5.2009 by which petitioner’s
representation on the basis of direction issued by this Court in W.P.No.66595
of 2008 decided on 19.12.2008 has been rejected holding therein that after
selection during training petitioner was occupying two posts i.e. one post of
Shiksha Mitra as well as the post of Aganwari. The contention to this effect of
petitioner that he has not received any remuneration or food for the purposes
of supply to students, therefore, his claim cannot be rejected on the ground
that he was holding post of Aganbari. The District Magistrate after
considering relevant records has considered this issue and finds factual aspect
that petitioner without submitting any resignation for the post of Aganwari
was selected for the post of Shiksha Mitra and has obtained training, meaning
thereby there is a presumption that she was holding two posts.
In my view findings recorded by District Magistrate is based on the basis of
relevant record. A person cannot hold two posts at one point of time. As soon
as petitioner made an application for the post of Shiksha Mitra, he should
have resigned from the post of Anganbari. Admittedly, that has not been
done.Therefore, in my opinion the order impugned passed by the District
Magistrate is correct and no interference is called for.
The writ petition is devoid of merits and is hereby dismissed, however,
without imposing any cost.
Order Date :- 1.2.2010
SKD