Jyoti Rawat vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 16819 of 2020
 

 
Petitioner :- Jyoti Rawat
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education,Lko. & Ors.
 
Counsel for Petitioner :- Rajiv Raman Srivastava
 
Counsel for Respondent :- C.S.C.,Manish Mishra
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Rajiv Raman Srivastava, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party no.1 and Mr. Manish Mishra, learned counsel for opposite parties 2 to 4.

Learned counsel for petitioner submits that earlier services of petitioner was dispensed with by opposite parties on the ground that she had procured appointment on the post of Assistant Teacher on the basis of forged documents. It is further submitted that the said termination order was assailed by the petitioner before this Court in Writ Petition No.15462(S/S) of 2020 and by means of judgment and order of date passed in that petition the said termination order has been quashed. By means of the present petition, the petitioner has challenged the order whereby recovery had been initiated against her pursuant to her termination, which as stated above has already been quashed.

In view of aforesaid facts, since the termination order itself has been quashed, the order of recovery passed against petitioner impugned in the present petition is legally untenable.

Accordingly, the impugned order of recovery dated 10.07.2020 passed against the petitioner is quashed.

The writ petition stands allowed in above terms.

Order Date :- 5.1.2021

kvg/-