Allahabad High Court
Smt. Saroj Sharma vs State Of U.P. And 5 Ors. on 15 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:163856
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 57674 of 2016
Smt. Saroj Sharma
.....Petitioner(s)
Versus
State Of U.P. And 5 Ors.
.....Respondent(s)
Counsel for Petitioner(s)
:
Punit Kumar Upadhyay
Counsel for Respondent(s)
:
C.S.C.
Court No. - 38
HON'BLE DONADI RAMESH, J.
1. Heard Sri Punit Kumar Upadhyay, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. Present writ petition has been filed questioning the orders dated 10.05.2016 and 16.06.2016 passed by respondent no.2 and 3 respectively. Further prayer has been made to direct the respondents to make payment of mandeya of the petitioner for the period December, 2008 upto 28.02.2014 while discharging her duties as Guest Teacher (Atithi Vishaya Visheshagya) in Mahila Sewa Sadan Intermediate College Bairahana, Allahabad and also make payment of mandeya from July, 2011 to December, 2011 in Jagat Taran Intermediate College, George Town, Allahabad.
3. The petitioner while working as Guest Teacher, the respondents have stopped her services on the ground that she has crossed 62 years of age. Assailing the said action, petitioner has filed Writ Petition No. 17115 of 2014 based on Government Order dated 8.6.2010 and 25.8.2004. While considering the said writ petition, this Court has disposed of the writ petition on 04.01.2016 directing the District Inspect of Schools, Allahabad to take a decision. Aggrieved by the same, petitioner has filed Special Appeal No. 54 of 2016. The said special appeal was disposed of with following direction:
"A communication was issued by the Joint Director of Education, Allahabad to the District Inspector of Schools on 2 December 2011, seeking a clarification on how the appellant, who had crossed the age of sixty two years, was continuing as a guest lecturer in a Girls Inter College. The learned Single Judge has adverted to the Government Orders dated 8 June 2010 and 25 August 2004 and to the submission of the appellant that the said Government Orders do not specifically contain any upper age limit for continuing as guest lecturer, though there is a stipulation that the teacher can receive an honorarium of only Rs.10,000/- from all the institutions together. The learned Single Judge has, however, relegated the appellant to the District Inspector of Schools who was directed to examine the matter.
We find from the record that the communication dated 2 December 2011 was by the Joint Director of Education to the District Inspector of Schools. Having due regard to the issue involved in the present case, it would be appropriate and proper that the issue be resolved by the Joint Director of Education and not by the District Inspector of Schools, as directed in the order of the learned Single Judge.
Hence, we modify the order of the learned Single Judge in the present special appeal by directing that the exercise to be carried out in pursuance of the impugned direction shall be done by the Joint Director of Education, Allahabad. The Joint Director of Education shall do so with due notice to the appellant and on the basis of the relevant Government Orders holding the field. This exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
The special appeal is, accordingly, disposed of. There shall be no order as to costs."
4. Consequent to the abovesaid direction, petitioner has submitted her representation on 28.03.2016 to Joint Director of Education, Allahabad Division, Allahabad with two prayers. One for continuation of her services as Guest Teacher beyond 62 years in view of communication from Director of Education (Secondary), U.P. dated 27.06.2013. Second prayer for directing the District Inspector of Schools, Allahabad to make payment of arrears to the petitioner from July, 2011 to December, 2011 in Jagat Taran Intermediate College, George Town, Allahabad and from December, 2008 to 28.02.2014 in Mahila Sewa Sadan Intermediate College Bairahana, Allahabad. As directed by the Division Bench in Special Appeal, the respondents have considered and rejected both the claims vide order dated 16.06.2016. Aggrieved by the same, present writ petition has been filed.
5. During arguments, learned counsel for the petitioner states that he does not want to press the first prayer with regard to continuation of her services based on communication dated 27.06.2013. As far as second prayer with regard to payment of arrears from July, 2011 to December, 2011 in Jagat Taran Intermediate College, George Town, Allahabad and from December, 2008 to 28.02.2014 in Mahila Sewa Sadan Intermediate College Bairahana, Allahabad is concerned, as there is no continuity in working in the two institutions by the petitioner, but the respondents have rejected the claim on the ground that the petitioner has worked in the two institutions in simultaneous period. Hence, they have rejected the claim of the petitioner. Learned counsel for the petitioner has contended that when the working of the petitioner is not in dispute, atleast the petitioner is entitled for salary from one institution for the said period.
6. Learned Standing Counsel has made his submission that Guest Teacher is not a permanent post and she has no right for payment of remuneration as she has worked in two institutions in simultaneous period. Hence, she is not eligible for any remuneration
7. Considering the submissions made by learned counsel for the petitioner, the impugned orders dated 10.05.2016 and 16.06.2016 passed by respondent no.2 and 3 respectively are set aside. The writ petition is disposed of permitting the petitioner to file a fresh claim petition with all particulars for which she is entitled, more particularly, without overlapping the institutions, within a period of two weeks from today. On filing of such claim petition, the respondent no.4 may consider and release the payment of only one institution, within a period of two months from the date of receipt of such claim petition.
(Donadi Ramesh,J.) September 15, 2025 Noman