Friday, February 6, 2015

SHIKSHA MITRA : BIMAREE KI CHUTTI LENE PAR SERVICE KHATM

SHIKSHA MITRA : BIMAREE KI CHUTTI LENE PAR  SERVICE KHATM

SIHIKHA MITRA 2007 MEIN BIMAREE KI VAJE SE SCHOOL NAHIN JA PAYEE, SERVICE BREAK KAR DEE, HAAL MEIN COURT MEIN MAAMLA PAHUNCHNE PAR SARKAREE VAKEEL NE CONTRACTUAL SHIKSHA MITRA SCHEME KHATM HONE KEE BAAT KAHEE, AUR COURT SE KOEE RAHAT NAHIN MILEE


HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 30

Case :- WRIT - A No. - 4231 of 2015

Petitioner :- Smt. Anjana Mall (Shiksha Mitra)
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Neerja Singh,Rajneesh Tripathi,Sharve Singh
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta,Tariq Maqbool Khan

Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner, Sri Shyam Krishna Gupta, learned counsel forthe respondent no.3 and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner states that the petitioner was appointed as Shiskha Mitra in Primary School Ram Nagar, Vikas Khand Gauri Bazar, District Deoria, in the year 2006� thereafter she was sent for training and after completion of training, the petitioner was also given certificate in her favour. Learned counsel for the petitioner further states that on 07.03.2007 the petitioner fell ill and she went on leave and when she reported back on 15.07.2007, she was not permitted to join and sign on the attendance register since then she has been continuously representing but her grievances has not been considered, therefore the present petition has been filed for seeking writ of mandamus directing the respondents to consider and decide the claim of the petitioner.
Learned counsel for the respondent no.3� contends that the engagement of the Shiksha Mitra is purely contractual in nature for a period of one year and the scheme of the Shiksha Mitra has already been abolished in view of the Full Bench decision of this Court reported in the matter of Km. Sandhya Singh Vs. State of U.P. and others reported in 2013 (3) UPLBEC 2377.
After hearing the learned counsel for the parties and after perusing the averments made in the present petition, this Court is of the opinion that learned counsel for the petitioner could not make any good ground for the interference of this Court in exercise of powers conferred under Article 226 of the Constitution of India.
Accordingly, the writ petition lacks merit and is dismissed.
Order Date :- 2.2.2015
S.Ali




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