DURGAWATI DEVI Vs. KRISHNAWATI SINGH AND OTHERS

JUDGEMENT

(1.) Special Appeal No. 328 of 2016 has been filed by Smt. Durgawati Devi who was admittedly, functioning as the Principal of Amar Gandhi Pustakalaya Balika Inter College, Jalalpur, district Ambedkar Nagar. She has already attained the age of 62 years and admittedly, she continued till the end of the session i.e., till 31.03.2016. The Management continued her further even thereafter that gave rise to filing of the writ petition being Writ Petition No. 12316 (S/S) of 2016 by the respondent Smt. Krishnawati Singh. The said writ petition arrayed the Committee of Management as the respondent No. 6 and the appellant as the respondent No. 7. The Committee of Management was supporting the cause of the appellant as it claimed that it had reappointed her on the said post. The said reappointment which was being claimed by the petitioner, was questioned by the respondent on the ground that she having attained the age of superannuation and her tenure having come to an end, the appellant cannot continue as the Head of the Institution any longer.

(2.) The learned single Judge entertained the writ petition on 30.05.2016 and passed the following order: "

(3.) The matter was taken up on 02.08.2016 on which date, the case was directed to come up on 05.08.2016. By the impugned interim order dated 05.08.2016, the learned single Judge has restrained the appellant from further continuing and discharging her duties on the post of Principal of the Institution presumably on the ground as disclosed that she had attained the age of superannuation.