NASIBUN NISHA Vs. STATE OF C.G.

JUDGEMENT

(1.) The instant petition has been preferred by the petitioner against the action of the respondents as they struck off the name of the petitioner from the muster roll.

(2.) Brief facts of the case, as projected by the petitioner, are that the Rajeev Gandhi Shiksha Mission launched a scheme of educating the children of remote village area who come from the weaker Sec. of the Society and aboriginal tribe, therefore, a Potakabin Institutions having the residential facilities of students where the entire management of those institutions was taking care of by the Instructors who have been appointed and working as Assistant Teacher, were opened in different village areas. Petitioner was also appointed as Potakabin Instructor by the Rajeev Gandhi Shiksha Mission and posted at Government Boys Awasiya High School (Potakabin) Konta, District Dantewada (C.G.). The copy of appointment letter dtd. 12/01/2009 is annexed as Annexure P/1. Petitioner was rendering her duties with utmost sincerity and honesty and in the year 2017, the petitioner along with other persons filed a writ petition before this Court bearing WP(S) No. 6295/2017 seeking certain directions in relation to their service conditions. On 01/12/2017, the petitioner submitted an application seeking leave on account of her marriage which was duly permitted by the Block Education Officer. A copy of application is filed as Annexure P/2 and the marriage invitation card is filed as Annexure P/3. After marriage, the petitioner suffered from viral hepatitis, therefore, she could not join the services immediately after marriage. A medical certificate was issued by the Senior Medical Officer, Govt. Hospital on 07/02/2018. A copy of the same is filed as Annexure P/4. After recovering from the illness, the petitioner submitted an application before Block Education Officer on 01/03/2018 for joining her service, in which the endorsement was made by the Block Education Officer directing the concerned principal to record the joining of the petitioner. The copy of letter dtd. 01/03/2018 is filed as Annexure P/5. Thereafter, the petitioner approached the principal for joining, but he refused to do the same and informed the petitioner that her name has been struck off from the muster roll by him and directing her to give joining before the Collector. On 20/03/2018, petitioner submitted representation before the Collector for her joining but no action was taken till date. A copy of representation is filed as Annexure P/6.

(3.) The petitioner went to the principal several times and requested to comply with the direction of BEO, but the principal scolded her in a very filthy language and told her that it is the punishment of filing the earlier writ petition before the High Court in which he had to go to the High Court, therefore, she cannot be allowed to join. Hence, the present petition has been filed by the petitioner for the following reliefs:-