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SMT. INDRA RANI KANSAL versus REGIONAL DY. DIRECTOR OF EDUCATION & OTHERS

High Court of Judicature at Allahabad

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Smt. Indra Rani Kansal v. Regional Dy. Director Of Education & Others - WRIT - A No. 33541 of 1997 [2007] RD-AH 9959 (23 May 2007)

 

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'ble Rakesh Tiwari, J

                   Heard counsel for the parties and perused the  record.

             The petitioner has challenged thevalidity and correctness of the impugned order dated 10.9.97 passed by the Deputy Director of Education (Secondary), Agra according financial sanction to the promotion of Smt. Durga Tomar, respondent no. 6 to the post of Lecturer in Civics.

               Case of the petitioner is that Smt. Durga Tomar was appointed as an Assistant Teacher in C.T. Grade w.e.f. 8.7.1970. She was appointed in L.T. Grade w.e.f.1.1.1986. On the other hand, the petitioner was appointed as Assistant Teacher in C.T. Grade w.e.f. 8.7.1972 and as L.T. Grade teacher w.e.f. 7.7.1980.  Therefore, she claims herself senior to Smt. Durga Tomar.

                Contention of counsel for the petitioner is that the impugned order dated 10.9.1997 passed by the respondent no. 1 is without jurisdiction. According to the counsel for the petitioner, State Government vide notification dated 9.7.1997 appended as Annexure 11 to the writ petition, delegated all powers of appointment etc., to the Regional Inspector of Girls Schools (for short 'RIGS') hence after issuance of the said notification, the impugned order is without jurisdiction.

     Standing counsel frankly conceds that in the circumstances the there is force in the argument of counsel for the petitioner.

Accordingly, the writ petition succeeds and is allowed. The impugned order dated 10.9.1997 passed by respondent no. 1 is quashed. Regional Inspectress of Girls Schools, Mathura- respondent no. 7 is directed to take a fresh independent decision in the matter after hearing petitioner, respondent no. 6 and the institution, in accordance with law and pass a reasoned and speaking order within a period of two months from the date of production of a certified copy of this judgment. No order as to costs.

Dated 23.5.2007

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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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