SMT. USHA SHARMA Vs. THE STATE OF U.P. AND OTHERS
LAWS(ALL)-2017-10-85
HIGH COURT OF ALLAHABAD
Decided on October 05,2017

Smt. Usha Sharma Appellant
VERSUS
The State of U.P. and others Respondents

JUDGEMENT

SANGEETA CHANDRA, J. - (1.) The petitioners filed this writ petition for quashing of the order dated 10.09.2011 passed by the Committee of Management, St. Thomas Girls' Inter College, Meerut and order dated 24.09.2011 passed by the Manager of the College. A further prayer has been made for issuance of a writ in the nature of Mandamus to the Respondents not to give effect to the impugned orders and not to interfere in the working of petitioner as Lecturer in Sanskrit in the said College.
(2.) The case of the petitioner as set up in the writ petition is that initially the petitioner was appointed as Lecturer in Sanskrit in the said Institution on 21.12.1993. On 08.12.2009 a notice was served on her for terminating her services on the ground that recognition of Sanskrit subject had been cancelled. The petitioner being aggrieved with the said notice filed writ petition No. 11891 of 2010, and an interim order was granted on 12.03.2010 directing the Respondent No. 3 to let the petitioner continue to work on the post of Lecturer in Sanskrit till further orders. The petitioner was continuing in the Institution on the basis of the said interim order. But the Committee of Management did not want her to continue and therefore, took the first opportunity to dismiss her from service by the orders impugned.
(3.) The petitioner has alleged that for Academic Session 2010-11 Board Examinations were continuing and the petitioner was assigned duty as Invigilator only up to 09.04.2011. The petitioner fell ill and therefore, did not join her duty thereafter with effect from 13.04.2011 to 25.04.2011. The Respondent No. 3 got a notice pasted outside the house of petitioner on 24.04.2011 and published the said notice again in the newspaper namely Dainik Jagaran on 25.04.2011 regarding the unauthorized absence of petitioner. The petitioner was away at Ghaziabad and coming to know of the said notice rushed to the College on 25.04.2011 itself with an Application for medical leave. But the Principal of the College did not receive the Application on 25.04.2011. The petitioner again went to the College on 26.04.2011 accompanied by a medical certificate and the petitioner was allowed to resume her duty by the Head Clerk. The petitioner discharged duty in the College on 26.04.2011 and 27.04.2011. But on 28.04.2011 when she went to the College she was handed over an order of suspension on the alleged ground that she had remained absent without permission from College w.e.f. 13.04.2011 to 25.04.2011 and also on the ground that some criminal case had been registered against the petitioner at police station Lal Kurti, Meerut Cantt., Meerut and information regarding the same had reached to the Committee of Management on its publication in the newspapers.;


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