SUMAN LATA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Prabhakar Awasthi, learned counsel for the petitioner as well as Shri Prashant Mathur, Advocate and Shri Bharat K. Srivastava, Advocate, representing the respondents.

(2.) The present writ petition has been filed challenging the order dated 30.7.2020 passed by the Chief Executive Officer, Cantonment Board, Bareilly Cantt, Bareilly (hereinafter referred to as, 'C.E.O.') retiring the petitioner w.e.f. 31.7.2020 and for a consequential mandamus not to disturb her peaceful functioning as Headmistress till 31.3.2021, i.e., till the end of the present academic session.

(3.) The facts of the case are that R.A. Bazar, Primary School, Bareilly (hereinafter referred to as, 'Institution') is managed by the Cantonment Board, Bareilly. It has been stated in the writ petition that the Institution was recognized w.e.f. July 1959 by order dated 24.8.1959 passed by the District Inspector of Schools, Bareilly (hereinafter referred to as, 'D.I.O.S.'), i.e., before the Uttar Pradesh Basic Education Act, 1972 (hereinafter referred to as, 'Act, 1972') was enacted and continues to be recognized by the Basic Shiksha Parishad, i.e., the Uttar Pradesh Basic Education Board (hereinafter referred to as, 'Board') after the Act, 1972 came in operation.