Shwera Singh vs State Of U.P. Through The ...
2012 Latest Caselaw 4310 ALL

Citation : 2012 Latest Caselaw 4310 ALL
Judgement Date : 20 September, 2012

Allahabad High Court

Shwera Singh vs State Of U.P. Through The ... on 20 September, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 5009 of 2012
 

 
Petitioner :- Shwera Singh
 
Respondent :- State Of U.P. Through The Principal Secy.Basic Edu. & Others
 
Petitioner Counsel :- Trishita Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

It has been pleaded by learned counsel for the petitioner that the petitioner competed for the post of Shiksha Mitra to serve in Primary Pathshala, Village Soorapur, Block Ahirauri, District Hardoi. Respondent no.7 also competed for the said post and was selected on 08.4.2006.

Vide letter dated 21.9.2010 (Annexure-2), respondent no.7 tendered her resignation to enable her to contest election for the post of Member, Block Development Committee. Respondent no.7 won the election.

Subsequently, vide resolution dated 21.01.2011 (Annexure-3) passed by Village Education Committee respondent no.7 was allowed to join as Shiksha Mitra.

The respondent no.7 tendered her resignation from the post of Member, Block Development Committee and has joined the post of Shiksha Mitra vide Annexure-7.

Learned counsel contends that having resigned from the post of Shiksha Mitra and the resignation having been accepted, respondent no.7 had no lien on the post of Shiksha Mitra. Because of the facts mentioned above, petitioner who was in the merit-list could be given offer of appointment as Shiksha Mitra. The permission given to respondent no.7 to join is not legally tenable.

Let notice be issued to respondent nos.5, 6 and 7, returnable in four weeks.

In the meantime, it is directed that operation of Annexure-7 shall remain stayed and respondent no.7 would not be given any remuneration for the post of Shiksha Mitra.

Sri Ajay Kumar, Advocate, represents respondent no.3. The other respondents would be represented by the Standing Counsel.

Let rejoinder affidavit be filed within two weeks of filing counter affidavit.

Let a copy of this order and a copy of writ petition be brought to the notice of District Magistrate/Chairman, District Education Committee, Hardoi, through Sri Rahul Shukla, learned Standing Counsel, to enable him to take remedial measures/steps in the meantime.

Order Date :- 20.9.2012

A.Nigam