Smt. Vimlesh Gaur vs State Of U.P. Thru. Prin. ...
2012 Latest Caselaw 3418 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4138 of 2012
 

 
Petitioner :- Smt. Vimlesh Gaur
 
Respondent :- State Of U.P. Thru. Prin. Secy.,Basic Education Deptt. & Ors
 
Petitioner Counsel :- Y.K. Mishra
 
Respondent Counsel :- C.S.C.,A.M. Tripathi,Ghaus Beg
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner asserts that the petitioner was appointed as a Cook under Sarva Siksha Abhiyan scheme on 29.12.2008.  Vide order dated 17.7.2012, Annexure-1,  services of the petitioner have been terminated on certain grounds.  The petitioner was not given any opportunity of hearing.  The post is sought to be filled through contract by appointment of new persons.

Learned counsel contends that although the employment of the petitioner was contractual, however, the order is punitive and stigmatic in nature and, therefore, the petitioner was required to be given notice.

Sri Rahul Shukla, Standing Counsel, would represent respondent nos. 1, 3 and 4 and Sri  A.M. Tripathi, Advocate for respondent no.2 and Sri G. Beg, Advocate for respondent no.5 have put in appearance.

Let counter affidavit be filed within two weeks positively.

Rejoinder affidavit, if any, be filed within one week thereof.

List immediately thereafter.

Any appointment made on the post vacated by the petitioner, shall remain subject to final decision of this petition.

Let this case be taken up alongwith Writ Petition No.4054(SS) of 2012.

Order Date :- 7.8.2012

A.Nigam