Smt. Neelam Gupta vs District Education Officer, Elementary Education and Others

Ajay Rastogi, J.—The Petitioner who is serving as Teacher Grade-III preferred appeal before the Tribunal. However, the appeal preferred has been disposed of by the learned Tribunal vide its order dt.11.11.2010 directing the Petitioner to make representation which may be decided by the Respondent within two months. However, pending disposal the order impugned has been kept in abeyance.

Counsel submits that a number of grounds were raised before the learned Tribunal including the ground that the Petitioner was deputed in census work and as such she could not have been transferred but the learned Tribunal while disposing of the appeal preferred permitted one of the ground raised for consideration by the authority.

It has also been informed that representation made has not been decided by the authority so far.

Under these circumstances, this Court considers it appropriate to observe that once the Tribunal has directed the Petitioner to make representation to the Respondent authority who may decide the same within two months, it is always open for the Petitioner to raise all such objections available to her under law and at the same time, open to the Respondent to examine and decide the same expeditiously in accordance with law within the time stipulated by the Tribunal in its order dt.11.11.2010.

The order impugned dt.11.11.2010 is modified to the extent referred to supra. The writ petition stands disposed of.