Allahabad High Court
Smt. Malvika Singh vs State Of U.P. And 3 Others on 24 October, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 17075 of 2019 Petitioner :- Smt. Malvika Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Nandan,T.P. Singh (Sr. Advocate) Counsel for Respondent :- C.S.C. Hon'ble Vivek Varma,J.
Heard Sri T.P. Singh, Senior Advocate, assisted by Sri Siddharth Nanadan, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
It is submitted by learned counsel for the petitioner that the petitioner was initially appointed as Assistant Teacher in L.T. Grade vide over dated 21.08.1990 and she joined on 12.09.1990 and thereafter was promoted on the post of Lecturer (English) vide order dated 07.07.2003. The order of promotion was cancelled by the respondent vide order dated 02.09.2004. The order dated 02.09.2004 was challenged by the petitioner by filing Writ-A No.40730 of 2004 (Smt. Malvika Singh vs. State of U.P. and others). The aforesaid writ petition was finally allowed by a co-ordinate Bench of this Court vide judgment and order dated 05.10.2018 in the following terms:
"In view thereof, impugned order cannot be sustained. Writ petition is allowed. Impugned order dated 02.09.2004 is hereby set aside. However this order shall not preclude respondents from passing fresh order in accordance with law."
In pursuance thereof, the order dated 16th September, 2019 has been passed by Additional Director of Education (Madhyamik)-respondent no.3, which has been challenged in the writ petition. By the said order, her claim for promotion was rejected on the ground that at the time of promotion, she does not have five years substantive service.
Sri T.P. Singh, Senior Advocate, learned counsel for the petitioner has also drawn attention of the Court towards the interim order dated 30.09.2019 passed in Writ-A No.15396 of 2019 (Smt. Mamta Upadhyay vs. State of U.P. and 5 others) on similar facts and circumstances.
Learned Standing Counsel does not dispute the said fact.
Respondents may file counter affidavit within six weeks. Petitioner shall have two weeks thereafter for filing rejoinder affidavit.
Connect and list with Writ-A No.15396 of 2019 (Smt. Mamta Upadhyay vs. State of U.P. and 5 others).
Till the next date of listing, the order dated 16th September, 2019 passed by Additional Director of Education shall remain stayed.
Order Date :- 24.10.2019 Ajeet