Smt. Suneeta vs State Of U.P. And 3 Others
2021 Latest Caselaw 9434 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 8701 of 2021
 

 
Petitioner :- Smt. Suneeta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Santosh Kumar Tiwari,Praveen Kumar Pal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Durga Singh, appearing on behalf of respondent no. 2.

The contention of learned counsel for the petitioner is that the petitioner was appointed on a contractual basis, vide appointment letter dated 6.7.2011, on the post of Teacher in Kasturba Gandhi Balika Vidyalaya. It is contended that the services of the petitioner were governed in terms of the Government Order dated 29.7.2013, wherein it was specifically provided in Clause-8 with regard to the extension of the appointment, which was contractual and it was for a limited period. It is further argued that in terms of said Clause 8, it was incumbent that in the event a decision was being taken for non-extension of the contract, after hearing the parties steps shall be taken for processing the papers before the District Magistrate. It is argued that no such exercise has been carried out in the case of the petitioner.

The petitioner relies upon the judgment of this Court in the case of Sadhna Singh Vs. State of U.P. and Others, Service Single No. 1941 of 2021, Judgment dated 28.1.2021.

Considering the fact that no compliance of the Government Order dated 29.7.2013 is on record and the said exercise is mandatory condition. As the question has already been decided by this Court in the case of Sadhna Singh (Supra), the non renewal of the contract of the petitioner is clearly contrary to the Government Order dated 29.7.2013, as such the action insofar as it relates to the petitioner, is set aside with a specific directions to the respondents to extend the contract of the petitioner or to pass fresh orders in terms of the Government Order dated 29.7.2013. The said exercise shall be completed within a period of two months from the date of production of a copy of this order before the authority concerned.

The writ petition is disposed off.

Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.

Order Date :- 3.8.2021

S. Rahman