Allahabad High Court
Smt. Sunita Sharma vs State Of U.P. And Others on 12 July, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 35890 of 2010 Petitioner :- Smt. Sunita Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Kshetresh Chandra Shukla Respondent Counsel :- C.S.C.,Pradeep Pandey Hon'ble Arun Tandon,J.
In paragraph 5 of the writ petition, it is stated that Seth Radhelal Memorial Girls Inter College, Mandola, Ghaziabad was granted recognition under the Basic Education Act as Junior High School on 29.9.1983. Subsequently, The college was granted recognition at the level of High School under Section 7A of the Intermediate Education Act, 1921. It is stated that in the month of June, 1983 the Committee of Management published advertisement, for the post of Assistant Teacher in Junior High School. The petitioner applied and was selected. Papers were forwarded to the Basic Education Officer, Ghaziabad for approval. The B.S.A. approved the appointment of the petitioner on 21.3.1984. The petitioner claims to be working since then. The College has been taken on grant-in-aid on 12.4.1991. In paragraph 14 it is stated that the petitioner was subsequently appointed as the ad-hoc Principal of the institution up to 19.3.1999, after the service of permanent Principal were terminated. His appointment as ad hoc Principal was approved on 20.3.1999. It is then stated that petitioner fell ill on 5.9.2005, due to illness he could not join up to 28.8.2009. He made leave application from time to time. The petitioner after being fit reported for joining on 1.12.2009. Joining of the petitioner has not been accepted by respondent no. 5. Hence this petition.
After examining the records, this Court finds that the petitioner has been absent from the Institution for more than 5 years to be precise since 5.9.2005. The approval granted to the appointment to the petitioner as Principal, it is not on record. Learned counsel for the respondent pointed out that in between the petitioner has joined another Institution namely Gopi Chand Mahavidyalaya and has worked there between 5.9.2005 to 31.5.2007.
Be that it may. The issue to be examined as to whether the petitioner has been lawfully appointed in the institution as Lecturer as well as Ad-hoc Principal after following due procedure prescribed by law or not and as to whether such long leave can be granted in his favour or not.
I am of the considered opinion that the grievance of the petitioner needs to be appropriately examined by respondent no. 3 at the first instance. Accordingly, the writ petition is disposed of with liberty to the petitioner to make a representation ventilating all her grievances before respondent no. 3 within two weeks from today, along with a certified copy of this order. On such a representation being made, the respondent no. 3 shall call for the records and shall pass a reasoned speaking order preferably within six weeks affording opportunity of hearing to the Committee of Management.
Order Date :- 12.7.2010 Puspendra