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2006 DIGILAW 1062 (RAJ)

Mrs. Mradula Kumari v. State

2006-04-04

CHATRA RAM JAT, GYAN SUDHA MISRA

body2006
Judgment 1. This appeal has been preferred against an interim order passed by the learned Single Judge on 01.03.2006 rejecting the stay application, which had been filed by the petitioner-appellant herein for restraining the respondents from reverting her from the post of Lecturer, Hindi to post of Senior Teacher. 2. Several other writ petitions were filed by similarly situated persons but the grievance of the petitioner-appellant herein is to the effect that while the interim order of stay was granted in other writ petitions, the prayer for grant of stay in case of the petitioner-appellant was rejected. 3. The prima facie case, which has been made out in favour of the petitioner-appellant, is to the effect that the promotion on the post of Lecturer, Hindi although was not regular, the same could not have been sought to be filled-in by direct recruits as those posts had been earmarked to be filled-in by promotion. It has been stated that a prima facie case having been found in favour of the petitioner-appellants who are similarly situated in other pending matters as also in case of the appellant herein, the prayer for stay should not have been refused in case of the petitioner-appellant. 4. Without going into the merits of the plea of the petitioner-appellant as to whether the learned Single Judge was justified in rejecting the stay petition or not, we deem it appropriate to observe that the earlier order of stay having been passed in favour of similarly situated persons by a Co-ordinate Bench of this Court which was earlier in point of time, the same was fit to be maintained subsequently by other Co-ordinate Benches also and in case there was disagreement with the view taken by the earlier Court, reason for rejection and disagreement with the earlier view should have been assigned, which is missing in the impugned order. 5. We, therefore, deem it proper to maintain consistency and uniformity in case of all similarly situated persons and hence it would be proper to direct that the petitioner-appellant also be allowed to continue on the post of Lecturer, Hindi which she is holding at the moment till the petition is finally decided or until the stay is vacated by the learned Single Judge in case of other similarly situated persons. The appeal accordingly stands disposed of .