SIKHA SRIVASTAVA Vs. PRINCIPAL GOVERNMENT GIRLS INTERMEDIATE COLLEGE

JUDGEMENT

(1.) SMT. Shikha Srivastava, the petitioner, who is a member of the cadre of Vishesh Adhinasht Shiksha Sewa of the State of Uttar Pradesh, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for redressal of her grievance of not being permitted to join her duties as Assistant Teacher at Government Girls Intermediate College, Phulpur, district Allahabad and non-payment of her emoluments including revised pay and certain travelling allowance etc , lawfully payable to her.

(2.) THE petitioner, having been selected by a Public Service Commission as Assistant Teacher (Psychology) in the cadre of Vishesh Adhinasht Shiksha Sewa of the State of Uttar Pradesh, carrying a pay scale of Rs. 400-15-475-EB-20- 575-EB-25-750, was initially appointed and posted at Government Girls. Intermediate College, Syed Raza Varanasi by means of an order dated 7th April, 1981, a true copy whereof has been annexed to the petition as Annexure-1. She joined her posting at Varanasi but by means of another order dated 22nd July, 1981 the place of her posting was changed and she was required to take over at Government Girls Intermediate College, Phulpur, district Allahabad. Consequently she joined at Government Girls Intermediate College, Phulpur, on 3rd August, 1981, where she worked during the period between 3rd August, 1981 and 8th July, 1985. During this period the petitioner taught various subjects other than Psychology until the year 1984 when the subject of Psychology was introduced.

(3.) ON 9th January, 1986 itself Miss Tewari addressed a communication to Smt. Urmila Kishore, Joint Director of Education (Women), Directorate of Education, U. P. Allahabad and a true copy of this communication is on the record as Annexure C. A. 18 appended to the counter-affidavit of Miss Tewari. Through this communication Miss Tewari informed that it was not possible for her to permit the petitioner to resume her duties on two grounds : firstly, that the petitioner was a Lecturer of Psychology and no post with regard to the subject of Psychology was approved in the college; secondly, that the petitioner had committed many irregularities and had created administrative problems. The petitioner also informed the Joint Director of Education (Women) and the District Inspectress of Girls Schools, IV Circle, Allahabad about the factum of her reporting at the college and also of not being permitted to do so by means of her communications dated 9th January, 1986 and 20th January, 1986 respectively.