ANISHA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Uttarakhand School Education Act of 2006, was notified to be made enforceable in the State of Uttarakhand w.e.f. 29/12/2006. In order to meet certain academic contingencies, the powers have been provided to the Committee of Management exclusively to make part-time/acting PTA teachers' appointment, exclusively on temporary basis in order to meet the academic contingencies. Sec. 41 of the Act is extracted hereunder:-

(2.) The learned counsel for the petitioner contends, that petitioner's late husband Ranbeer Singh, who was working in the institution of respondent Nos. 4 & 5, which is a grant-in-aid institution had met with the sad demise on 4/8/2019, and since having met with the sad demise, during the course of the services, being rendered by him with the respondents, the petitioner had claimed to be considered for appointment on compassionate grounds.

(3.) When the claim thus raised by the petitioner and the same was not considered, she had approached the writ Court by preferring a writ petition, being Writ Petition (S/S) No. 1909 of 2020, which was disposed of by the coordinate Bench of this Court by the judgment dtd. 5/1/2021, directing the respondents to consider and decide the representation of the petitioner sympathetically as per the rules. The respondents, in compliance of the judgment dtd. 5/1/2021 had considered the claim of the petitioner for appointment on compassionate grounds and had rejected the same by the impugned order dtd. 7/4/2021.