BHAGONIA DEVI Vs. DISTT. BASIC EDU. OFFICER BANDA

JUDGEMENT

(1.) Heard Shri Anand Tiwari, learned counsel for petitioner and Shri Rajesh Khare, learned counsel for respondent nos.1 and 5.

(2.) Case of the petitioner if accepted in its entirety would be as follows:

(3.) This Court has passed following order on 22/1/2010:- " Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1,2,3 and 4. The petitioner was appointed on a fixed pay scale of Rs.165.00 as class IV employee in Kanya Junior High School on 14/5/1981 and she is working continuously ever since then. However, when salary was not paid to her, she had filed a writ petition no. 889 of 1985 which remain pending and ultimately was disposed off on 5/7/2007 with the directions to the District Basic Education Officer, Banda to examine the matter as to whether the appointment of the petitioner was made in accordance with law against the sanctioned post, and then take appropriate decision for the payment of salary to the petitioner. In the meantime on the various representations of the petitioner, directions were issued by the State Government and an eqnuiry was setup, wherein all reports and recommendations were made in favour of the petitioner. However, ignoring the said reports and recommendation, the impugned order has been passed by the District Basic Shiksha Adhikari on 23/9/2009 denying salary to the petitioner and rejecting her representation in pursuance to the direction of this Court dtd. 5/7/2007. The submissions of Shri Prakash Padia is that the impugned order is perverse and has been passed ignoring the report of the enquiry and recommendations made in favour of the petitioner. Learned Standing Counsel prays for and is allowed a month's time to file counter affidavit. One week thereafter is allowed for filing rejoinder affidavit. Issue notice to the respondent no.4. List immediately after six weeks."