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Hemlata Mishra vs State of U.P.& Anr

Allahabad High Court · Decided on 16 August 1996 · Citation: (1996) 08 AHC CK 0051

HON’BLE JUDGES
Palok Basu, J and R.K.Mahajan, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 2279 of 1993
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Judgment

8 paragraphs · 372 words
1.

The petitioner Smt. Hemlata Mishra had joined State Education Services of teaching side. Ultimately, the petitioner came to be posted in the Central Pedagogical Institute, Allahabad. According to her date of birth, the petitioner was to retire on 311292. This was admittedly midSession. Consequently, the petitioner desired to continue till 3061993 i.e. the completion of the academic session.

2.

It appears that the respondents were not agreeable to the said request of the petitioner and since according to her date of birth. She was to retire on 31121992, the respondents were reluctant in continuing her all completion of the academic session.

3.

When this writ petition was filed, notices were accepted by the respondents who were granted six weeks'' time to file a counter affidavit. An interim order was also passed directing the respondents to continue the petitioner till 3061993. All this was directed by the interim order 01 this Court dated 1911993.

4.

In spite of several opportunity having been afforded to the respondents, no counter affidavit has been filed. Consequently, the writ petition was taken up for hearing. After due adjournment even at the time of hearing, this is being taken up for final order without any counteraffidavit having been filed till today.

J. Shri S.C. Kushwaha, learned counsel for the petitioner has been heard at sufficient length in support of this petition. Shri R.K. Saxena, learned Standing Counsel has been heard in opposition.

6.

It is settled law that where educational courses are continued, the employee in the category of teachers should be made to continue till completion of the educational Session. Consequently, the petitioner in this case was entitled to continue till 3061993. This is more so because no counter affidavit has been filed to deny the claim of the petitioner that any contrary rule has been shown.

7.

The writ petition consequently succeeds and is allowed. The respondents are directed to treat the petitioner as having been in employment on full pay till 3061993 and release the pensionary benefits, gratuity and all other dues that are outstanding in the name of petitioner within a period of three months from the date a certified copy of this order is produced.

8.

Parties will bear their own costs.