SANDHYA SRIVASTAVA Vs. STATE UTTAR PRADESH
LAWS(ALL)-2019-1-292
HIGH COURT OF ALLAHABAD
Decided on January 30,2019

Sandhya Srivastava Appellant
VERSUS
State Uttar Pradesh Respondents

JUDGEMENT

SUDHIR AGARWAL,J. - (1.)Heard Sri Madan Mohan Srivastava, learned counsel for petitioner and learned Standing Counsel for State-respondents.
(2.)A writ of certiorari has been prayed by sole petitioner Smt. Sandhya Srivastava for quashing order dated 02.09.2004 passed by Additional Director of Education (Secondary), U. P., Allahabad (hereinafter referred as 'ADE(S)') cancelling promotion of petitioner and another teacher on post of Lecturer on the ground that they did not satisfy requisite eligibility conditions. A writ of mandamus has also been prayed directing respondents not to interfere in the functioning of petitioner as Lecturer in Government Girls Inter College, Azamgarh and to pay her admissible salary as payable since 31.07.2003.
(3.)Facts, in brief, giving rise to present writ petition are that petitioner was appointed as Assistant Teacher (L.T. Grade) on ad hoc basis on 30.08.1990 in Government Higher Secondary School, Barha, Lalganj, Azamgarh, where she joined on 14.09.1990. She was transferred to Government Girls Inter College, Azamgarh and thereat she was regularized as Assistant Teacher (L. T. Grade) vide order dated 08.06.2002 in view of Government Order dated 17.08.2001. Thereafter by order dated 07.07.2003, petitioner was promoted as Lecturer (English) and posted in Government Girls Inter College, Atraulia, Azamgarh. However, aforesaid promotion order has been cancelled by impugned order dated 02.09.2004 on the ground that petitioner did not possess requisite eligibility qualifications. This order has been challenged on the ground that it is in utter violation of principles of natural justice, contrary to Rules and it is incorrect that petitioner did not possess requisite qualification on the post of Lecturer (English).


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