Smt. Shanti Prajapati vs Smt. Vidya Devi And Ors.
2023 Latest Caselaw 20054 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:50691-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 518 of 2021
 

 
Appellant :- Smt. Shanti Prajapati
 
Respondent :- Smt. Vidya Devi And Ors.
 
Counsel for Appellant :- Pt. S. Chandra,Ravi Kant Mishra
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi,Zubair Hasan
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the appellant and learned counsel for the respondent.

2. Admittedly, this Special Appeal filed under Chapter VIII Rule 5 of the High Court Rules has arisen out of the judgement and order dated 26.11.2021 passed by the learned Single Judge in Service Single No. 14091 of 2021 whereby the writ petition filed by the respondent no. 1 has been allowed on the ground that the appellant once promoted on the post of Head Mistress shall not have a right to hold the post of Principal of the Intermediate College which in the eventuality of falling vacant can be held on officiating basis by the Senior Most lecturer working in the institution.

3. The promotion of the present appellant as Head Mistress of a high school is admitted and her entitlement of posting on the post of Head Mistress is to be considered wherever the post is available as per the service conditions.

4. At present, the appellant is working in the Government Girls Inter College, Akbarpur, district-Ambedkar Nagar as an officiating principal which claim has not been approved of by the learned single judge and rightly so.

5. In order to set the controversy at rest, the competent authority is under a legal obligation to post the present appellant as per her entitlement i.e. Head Mistress of a government high school.

6. We permit the present appellant to offer her options within a period of ten days from today before the competent authority who on receiving the options from the present appellant shall pass necessary order expeditiously and not later than a period of four weeks from the date of submission of the options by the appellant.

7. Judgment and order dated 26.11.2021 impugned herein this special appeal shall remain intact, however, status quo as existing today shall remain operative for a period of one month within which the decision shall be taken by the competent authority in terms of the order passed.

8. With the observations as above, the special appeal stands disposed of.

Order Date :- 1.8.2023

kanhaiya