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KM. GOPA BANERJEE versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Km. Gopa Banerjee v. State Of U.P. And Others - WRIT - A No. 24687 of 2006 [2006] RD-AH 9041 (5 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun Agarwala,J.

 

Heard the learned counsel for the petitioner and Sri V.K.Singh  appearing for the respondent No.5.

Admittedly the petitioner was given charge as an ad hoc Principal by the Committee of Management and her appointment was approved by the District Inspector of Schools and in the year 2005 the District Inspector of Schools passed an order for the payment of the salary to the petitioner of the post of Principal. The respondent No.5 has filed an application before the Regional Joint Director of Education praying that she is senior to the petitioner and, this matter  is pending before the respondent No.5. On this basis, the District Inspector of Schools has passed the impugned order dated 19.4.2006 stopping the salary of the petitioner.

In my view, I do not find any justification in the issuance of the order, especially when the appointment of the petitioner as an adhoc Principal had been approved by the District Inspector of Schools in the year 2001 and further an order for the payment of the salary was also passed by the District Inspector of Schools by an order dated 6.6.2005.

In view of the aforesaid, the impugned order dated 14.6.2005 is quashed and the writ petition is allowed. Since the matter with regard to inter-se-seniority is pending consideration before the Regional Joint Director of Education, I also direct the said authority to decide the matter by a reasoned and speaking order after hearing all the concerned parties within two months from the date of production of a certified copy of this order filed by either of the parties.

A certified copy of this order shall be supplied to the learned counsel for the petitioner on payment of usual charges within a week.

Dated:5.5.2006

AKJ(WP 24687/06)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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