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2015 DIGILAW 579 (ALL)

Rekha Sharma v. State of U. P.

2015-03-26

D.Y.CHANDRACHUD, P.K.S.BAGHEL

body2015
JUDGMENT Pradeep Kumar Singh Baghel, J. The case of the appellant is that she was appointed as a Shiksha Mitra on 17 March 2006 in a primary school at Paharganj, District Bareilly. Her contention is that she had taken leave from 6 September 2010 until 9 May 2011 and from 9 May 2011 till 5 March 2013. However, it is alleged that when she appeared on 6 March 2013, the District Basic Education did not allow her to join, following which she has moved a representation on 7 July 2014. The District Magistrate issued a direction on 28 July 2013 to the District Basic Education Officer to take a decision thereon. The appellant filed a writ petition seeking a decision on the representation. 2. The learned Single Judge has dismissed the writ petition by the impugned order dated 16 February 2015 holding that there was nothing to indicate that the appellant had taken leave in accordance with the rules. The effect of the order of the learned Single Judge is to virtually foreclose the case of the appellant on merits when the only relief which was sought was for a direction to dispose of the representation. In this view of the matter, we are of the view that instead of deciding the writ petition on merits, the appropriate course for the learned Single Judge was to direct the District Basic Education Officer to expeditiously dispose of the representation dated 7 July 2014. There shall be an order in these terms. 3. The special appeal is, accordingly, allowed and the impugned order of the learned Single Judge dated 16 February 2015 is set aside. The writ petition filed by the appellant shall stand disposed of in the aforesaid terms. 4. We clarify that have kept open all the rights and contentions on the merits of the representation submitted by the appellant.