Usha Ahlawat vs Union of India and others

V.K. Shukla, J.

Heard Sri Uma Nath Pandey, learned counsel for petitioner, and Sri Shashi Shekhar Tiwari for respondents.

Present writ petition has been filed, requesting therein for issuing a writ in the nature of mandamus commanding the respondents to consider the representation of petitioner and pass speaking and reasoned order, after giving opportunity of hearing to the petitioner for correction of her status as Head Mistress in Central School.

Brief background of the case is that petitioner''s appointment was approved by Atomic Energy Educational Society for being appointed as Head Mistress of AECSII, Narora. Pursuant thereto, petitioner joined as Head Mistress. It appears that thereafter the two schools at Narora were merged and on account of this fact one post of Head Mistress was rendered surplus at Narora. In this background on 29.05.2006 an order was passed reverting the petitioner back to the post of graduate teacher with effect from 01.05.2006. After the said order was passed, petitioner represented the matter for correction of her status as Head Mistress at AECS, Narora. Her request was considered and it was mentioned that on account of merger of the two schools at Narora, one post of Head Mistress rendered surplus, and since petitioner was the junior most, she was reverted back. In the said letter, it was also mentioned that petitioner may apply afresh for the post of Head Mistress in future in the event of occurring any vacancy at the Centre and her case would be considered subject to hear clearing of teacher''s test. Thereafter, petitioner again represented to the Chairman and the Secretary. Factual position which emerges in the present case is that the post of Head Mistress at Narora has fallen vacant and in the said directions applications have been invited. At this juncture, present writ petition has been filed.

As far as earlier placement of petitioner is concerned, on account of merger of two schools at Narora, one post of Head Mistress was rendered surplus, and the petitioner by virtue of being junior most was reverted back by letter dated 29.05.2006. Petitioner was also apprised of the fact that she may apply afresh for the post of Head Mistress in the event of any vacancy arising at the centre, her case would be considered subject to her clearing at teacher''s test. In this background once fresh vacancy has arisen on account of attaining the age of superannuation by the Head Mistress and qua the same applications have been invited, then qua the said selection proceedings petitioner cannot have any legitimate grievance, inasmuch as during her continuance on probation period of two years, on account of merger of both the schools at Narora, one post of Head Mistress had been rendered surplus, and petitioner being junior was reverted back. Consequently, no relief can be granted to the petitioner, qua the fresh selection, proceedings be undertaken.

Writ petition is dismissed.