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2025 DAILYLAW 101581 (ALL)

SMT. SAKSHI SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/14866/2025 · 2025-09-25

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14866 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Ms. Rishu Mishra, learned counsel for the respondent no.2 and learned Standing Counsel for the State-respondents. This writ petition has been filed inter-alia for the following reliefs:- "(i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 05.07.2025 passed by the respondent no.2, District Basic Education Officer, Hamirpur, (Annexure No.2 to this writ petition). (ii) Issue a writ order or direction in the nature of Mandamus directing the respondent no.2, District Basic Education Officer, Hamirpur to renew the services of the petitioner on the post of full time teacher at Kasturba Gandhi Avasiya Balika Vidyalaya, Kumhariya, Gohand, District Hamirpur. (iii) Issue a writ order or direction in the nature of Mandamus directing the respondent no.2, District Basic Education Officer, Hamirpur to reinstate the petitioner on the post of full time teacher at Kasturba Gandhi Avasiya Balika Vidyalaya, Kumhariya, Gohand, District Hamirpur. (iv) Issue any other writ, order or direction in the nature of writs, as this Hon'ble Court may deem fit and proper to meet ends of justice. (v) Award the cost of this writ petition to the petitioner." Learned counsel for the petitioner submits that the petitioner has been working as a full-time teacher at Kasturba Gandhi Avasiya Balika Versus Counsel for Petitioner(s) : Akhilesh Chandra Dwivedi, Kamal Kumar Singh Counsel for Respondent(s) : C.S.C., Rishu Mishra Smt. Sakshi Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Vidyalaya, Kumhariya, Gohand, District Hamirpur, with satisfactory, there being no complaint against her. Her services have been renewed from time to time in accordance with the relevant Government Order. However, surprisingly, on 05.07.2025, the renewal of the petitioner’s services was rejected on the ground that her services are unsatisfactory. Learned counsel for the petitioner, relying upon the Government Order dated 11.12.2020, submits that one month notice is required prior to termination of service, which includes the rejection of renewal, and that such notice was not given in the present case. In the aforesaid Government Order, it is mandated that in case of unsatisfactory service, the petitioner must be given an opportunity to submit a reply, and any recommendation for rejecting her renewal must be placed before the District Magistrate and only after approval, renewal can be rejected. The impugned order has been passed in violation of these guidelines laid down in the relevant Government Order. On the other hand, learned counsel for the respondent-BSA could not dispute the aforesaid fact. In view of the aforesaid, the impugned order dated 05.07.2025 passed by respondent no.2 is hereby quashed. The matter is remitted to the respondent no.2, District Basic Education Officer, Hamirpur to decide afresh regarding the consideration of renewal, in accordance with law, strictly on merits, by means of a reasoned and speaking order, after giving notice and affording an opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. The writ petition stands allowed accordingly. No order as to costs. September 26, 2025 Jitendra/- WRIA No. 14866 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad