Madhya Pradesh High Court
Smt. Har Bai Ahirwar (Sc) vs Principal Secretary The State Of Madhya ... on 21 November, 2012
Smt. Har Bai Ahirwar Vs. State of MP and others.
21.11.2012.
Shri Pranay Verma for the petitioner.
Shri B.P. Pandey, Deputy Government Advocate, for
respondent Nos. 1 to 4.
Petitioner is substantively holding the post of Assistant Teacher and in her capacity as an Assistant Teacher petitioner was granted charge of Hostel Superintendent of a Tribal Hostel. Petitioner has been transferred from one school to another and the charge of Hostel Superintendent is taken away and granted to respondent No.5 and she is before this Court assailing the said action.
Having heard Shri Pranay Verma, learned counsel for the petitioner, and Shri Pandey, learned counsel for the respondents, it is seen that the petitioner is substantively holding the post of Assistant Teacher and she is posted back to her substantive post on administrative consideration. Petitioner has no right to claim continuation as a Hostel Superintendent. It seems that whenever petitioner was shifted from the said post, she had been approaching this Court. The petitioner's charge was taken over in the year 2011 and no interim order was passed, therefore, the matter was kept pending.
Now, even during the pendency of this writ petition, no reply is filed by the State Government.
Under such circumstances, considering the fact that the petitioner is only sent back to her substantive post as an Assistant Teacher, the competent authority of the State Government is directed to take note of the grievance of the 2 petitioner with regard to giving her the charge of Hostel Superintendent and after considering the policies and circulars of the State Government in the matter of posting of Hostel Superintendent, decide the claim of the petitioner in accordance with law by a speaking order within a period of six weeks from the date of receipt of certified copy of this order.
With the aforesaid, the petition stands disposed of. Certified copy as per rules.
(RAJENDRA MENON) JUDGE Aks/-