- (1.) This appeal has been filed along with an application under Section 5 of the Limitation Act. Grounds taken in the affidavit filed in support of the delay condonation application are sufficient. Accordingly, the delay in filing the appeal is condoned. Application stands disposed of.
(2.) So far as the merits are concerned, the appellant was admittedly appointed on the post of Shiksha Mitra and during the pendency of her tenure, she pursued her Post Graduation Course in the year 2008-2009 and thereafter in the session 2009-2010, she also pursued her B. Ed. Course after taking admission in the State of Maharastra. When she was not paid salary, she moved a representation before the Gram Shiksha Samiti, which is empowered under the Government Order to take decision with regard to continuance or otherwise of a Shiksha Mitra. The Samiti resolved to dispense with the service of the appellant on 19.2.2010. The appellant thereafter filed a representation before the District Magistrate, Mirzapur and having failed to get any relief from there, she approached this Court by filing a writ petition being Writ Petition No. 19880 of 2010, which was disposed of on 15.4.2010 directing the District Magistrate to decide the representation of the appellant.
(3.) The District Magistrate, Mirzapur thereafter proceeded to summon the records and after taking the version of the appellant into consideration, has arrived at a conclusion that the appellant had pursued her Post Graduation Course and B. Ed. Course on a regular basis without seeking any permission and without there being any provision of granting leave to a Shiksha Mitra. Accordingly, the District Magistrate came to the conclusion that this was against the relevant Government Order and the appellant was not entitled for any salary for the period she had not worked.;