- (1.) The petitioner was appointed as a Shiksha Mitra. Her services were dispensed with, against which she preferred Writ-A No. 46176 of 2015 (Rukmini Devi v. State of U.P. and others). The writ petition was disposed of on 18th August, 2015 with a direction upon the appropriate authority to consider the cause of the petitioner and pass the appropriate order. It was urged before this Court in the said writ petition that the Gram Sabha has passed a subsequent resolution for purported continuance of petitioner's appointment which made as far back as in 2005. The Court has taken note of the fact that there was no averment in the writ petition as to whether any subsequent appointment was made or not.
(2.) In compliance with the order of this Court, the District Basic Education Officer has rejected the representation of the petitioner vide impugned order dated 29th September, 2015 on the ground that she was absent from duty without any information from 08th August, 2011 and previously also she remained absent from 01st March, 2011 to 09th July, 2011. The District Basic Education Officer has referred two Government Orders dated 15th June, 2007 and 12th November, 2008, wherein it is provided that as the Shiksha Mitras are not the Government servants, they are not entitled for any leave and if a female Shiksha Mitra goes on maternity leave, then in that event she would ensure that any member of her family imparts education to the children of the institution. The finding has been recorded that no such step had been taken by the petitioner.
(3.) Insofar as the submission of learned counsel for the petitioner that Gram Shiksha Samiti had taken a resolution that the petitioner was on the medical leave from 01st October, 2011 to 16th August, 2013 and after she recouped, she be permitted to function as a Shiksha Mitra is concerned, from the record it is evident that the Gram Shiksha Samiti had earlier passed a resolution to dispense with the services of the petitioner on the ground of her absence. Learned counsel for the petitioner has failed to point out any provision whereby the Gram Shiksha Samiti can review its decision. Moreover, the said decision is contrary to the Government Orders mentioned herein-above, wherein it is clearly provided that the Shiksha Mitras are not entitled for any leave as they are not Government servants.;