ANITA SHARMA Vs. D.I.O.S. AND OTHERS
LAWS(ALL)-2004-5-222
HIGH COURT OF ALLAHABAD
Decided on May 20,2004

ANITA SHARMA Appellant
VERSUS
D.I.O.S. and others Respondents

JUDGEMENT

RAJESH TANDON,J. - (1.) HEARD the learned Counsel for the parties.
(2.) BY the prsent writ petition the petitioner has prayed for the issue of a writ in the nature of mandamus directing the respondent No. 2 to release the entire salary' and allowance of the petitioner from 17.7.91 to 16.8.1998. Briefly stated the facts giving rise to the present writ-petition are that the petitioner was appointed as a Primary Teacher in B.T.C. Grade in the respondent No. 2 institution on 13.7.1991. The petitioner worked on her post till 15.5.1998. The petitioner has stated that she did not get her salary for the period 17.7.1991. She was regularly making requests to the respondent Nos. 1 and 2 for payment of her salary and allowance. The respondent No. 1 vide letter dated 8.5.1996 addressed to the respondent. The petitioner along with another teacher Smt. Gita Sharma filed a Writ Petition No. 25307 of 1996. In this writ petition Allahabad High Court vide order dated 2.9.1998 directed the petitioner to file a representation before respondent No. 1. The respondent No. 1 was directed to decide the representation within two months. The petitioner has stated that, respondent No. 3 decided the representation of the petitioner on 10.7.1999 without complying the directions of the Court. The petitioner has submitted that taking the advantage of helplessness of the petitioner, the respondent No. 2 advertised the post of petitioner in Hindi News, Paper Amar Ujala on 11.8.1999, the petitioner protested the act of the respondents and filed a Writ Petition No. 35882 of 1999 before Allahabad High Court. Allahabad High Court vide order dated 23.8.1999 has directed the respondent No. 2 that he will not fill up the post occupied by the petitioner till the reprsentation of the petitioner made in pursuance of the order dated 2.9.1998.
(3.) THE petitioner has submitted that the petitioner having been worked on the post which has now been advertised from 17.7.1991 to 16.8.1998 and she has indefeasible right on the post to be appointed.;


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