SHAHINA BEGUM Vs. THE REGISTRAR, CO

JUDGEMENT

(1.) The writ petitioner has claimed for quashing of the order dated 5-8-1993 (Annexure-11 to the writ petition) reverting the petitioner from Class III post to Class IV post.

(2.) The case made out in the writ petition in brief is that the petitioner was appointed as clerk-cum-cashier by the respondent No. 5 in the respondent Bank under dying harness rules on 28-8 1991 and was asked to join the post in Branch Office Khalilebed, District Basti. The petitioner's qualification was intermediate and the respondent No. 5 sent a copy of the resolution relating to petitioner's qualification to the respondent No. 4 on 15-10-1991 with a request to permit her three years time to complete her graduation. The petitioner finding no response sent a representation to the Honourable Minister concerned on 27-1-1992 and 14-2-1992 stating about the said resolution with a request to direct the respondents to provide her three year's time for graduation course. The Honourable Minister gave necessary direction. As no result was produced till then, the petitioner made several representations to the respondents. The respondent No. 4 directed the concerned authority to take necessary action about the matter. Inspite of several representations remaining pending, the respondent No. 5 without waiting till the disposal of the representations terminated the services of the petitioner on 7-4-1992 from the post of clerk-cum-cashier and reverted her back in the category of Class IV in pursuance of resolution No. 10 dated 30-3-1992. The petitioner further complains that the respondents never extended exemption to her for having the said qualification of graduation end at the same time they are treating her with discrimination as other candidates have been favoured with such exemption.

(3.) The respondents contested the proceeding and filed counter affidavits, one on behalf of the respondent Nos. 1 to 4 and the other on behalf of the respondent No 5.