News -प्राइमरी स्कूल में चाइल्ड केयर लीव की वजह से 29334 जूनियर गणित विज्ञान शिक्षिका में जॉइन न कर पाने पर कोर्ट ने रिप्रेजेंटेशन देने का अवसर दिया
?Court No. - 7
Case :- WRIT - A No. - 43159 of 2016
Petitioner :- Anubha Rani
Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Kamal Kishore Sharma
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent nos.1, 2 and 4; and Sri A.K. Yadav for the respondent nos.3, 5 and 6.
Considering the nature of the order that is being passed this Court does not consider it necessary to invite counter affidavit therefore, with the consent of the learned counsel for the parties, this writ petition is disposed of finally.
The case of the petitioner is that she was appointed as an Assistant Teacher in Primary School, Akbarpur-II, Mant, Mathura in the year 2013. She, however, also applied for appointment as Assistant Teacher (Science/Math) in Senior Basic School and got selected there as well. But while the petitioner was on child care leave, appointment letter dated 21.09.2015, thereby appointing the petitioner as Assistant Teacher (Science/Math) in Senior Basic School, was issued by the Basic Shiksha Adhikari, Mathura which required the appointee to join within a specified period.
The case of the petitioner is that as she was on child care leave at that time, she could not join within the period allowed, and, thereafter, when she approached the sixth respondent (District Basic Shiksha Adhikari, Mathura) to join, she was not permitted to join the said post.
The submission of the learned counsel for the petitioner is that several other persons who have been appointed under appointment letter dated 21.09.2015 have been allowed to join late and in various writ petitions orders have been passed by this Court giving liberty to the petitioners to file an application before the Basic Shiksha Adhikari concerned for joining, upon which, he has been directed to pass appropriate order in accordance with law.
The learned counsel for the respondents submits that the petitioner may move an application before the Basic Shiksha Adhikari, Mathura (sixth respondent) who can consider and pass appropriate order keeping in mind whether any vacancy still exist or not.
In view of the above, this writ petition is disposed of giving liberty to the petitioner to file a comprehensive representation before the sixth respondent (District Basic Shiksha Adhikari, Mathura) in respect of joining pursuant to the appointment order dated 21.09.2015. If any such representation is filed by the petitioner along with certified copy of this order, the sixth respondent (District Basic Shiksha Adhikari, Mathura) shall consider the same and pass appropriate order in accordance with law after ascertaining whether the vacancy still exist or not as also whether the post has been offered to somebody else or not. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner which shall be considered and decided after verifying the facts from the record. It is expected that the aforesaid exercise shall be completed within a period of four weeks from the date of filing of such representation, provided the representation is filed within two weeks from today.
Order Date :- 12.9.2016
AKShukla/-
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?Court No. - 7
Case :- WRIT - A No. - 43159 of 2016
Petitioner :- Anubha Rani
Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Kamal Kishore Sharma
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent nos.1, 2 and 4; and Sri A.K. Yadav for the respondent nos.3, 5 and 6.
Considering the nature of the order that is being passed this Court does not consider it necessary to invite counter affidavit therefore, with the consent of the learned counsel for the parties, this writ petition is disposed of finally.
The case of the petitioner is that she was appointed as an Assistant Teacher in Primary School, Akbarpur-II, Mant, Mathura in the year 2013. She, however, also applied for appointment as Assistant Teacher (Science/Math) in Senior Basic School and got selected there as well. But while the petitioner was on child care leave, appointment letter dated 21.09.2015, thereby appointing the petitioner as Assistant Teacher (Science/Math) in Senior Basic School, was issued by the Basic Shiksha Adhikari, Mathura which required the appointee to join within a specified period.
The case of the petitioner is that as she was on child care leave at that time, she could not join within the period allowed, and, thereafter, when she approached the sixth respondent (District Basic Shiksha Adhikari, Mathura) to join, she was not permitted to join the said post.
The submission of the learned counsel for the petitioner is that several other persons who have been appointed under appointment letter dated 21.09.2015 have been allowed to join late and in various writ petitions orders have been passed by this Court giving liberty to the petitioners to file an application before the Basic Shiksha Adhikari concerned for joining, upon which, he has been directed to pass appropriate order in accordance with law.
The learned counsel for the respondents submits that the petitioner may move an application before the Basic Shiksha Adhikari, Mathura (sixth respondent) who can consider and pass appropriate order keeping in mind whether any vacancy still exist or not.
In view of the above, this writ petition is disposed of giving liberty to the petitioner to file a comprehensive representation before the sixth respondent (District Basic Shiksha Adhikari, Mathura) in respect of joining pursuant to the appointment order dated 21.09.2015. If any such representation is filed by the petitioner along with certified copy of this order, the sixth respondent (District Basic Shiksha Adhikari, Mathura) shall consider the same and pass appropriate order in accordance with law after ascertaining whether the vacancy still exist or not as also whether the post has been offered to somebody else or not. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner which shall be considered and decided after verifying the facts from the record. It is expected that the aforesaid exercise shall be completed within a period of four weeks from the date of filing of such representation, provided the representation is filed within two weeks from today.
Order Date :- 12.9.2016
AKShukla/-
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
Shiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
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