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Assistant teacher entitled for full salary even if wrong order was issued by District Basic Education officer: Allahabad High Court

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The Allahabad High Court while disposing the petition said that if an assistant teacher is not allowed to work due to a wrong order issued by District Basic Education Officer, she will be entitled to her full salary.

A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Neha Patel.

The Petitioner through the petition has challenged the order dated 14.8.2023 passed by the District Basic Education Officer, Jhansi whereby petitioner was directed to go back and join District Chitrakoot.

Counsel appearing for the petitioner has submitted that in compliance of the court’s order dated 31st October, 2023 order impugned in the petition has been recalled and petitioner has been permitted to join at District Jhansi on 9.11.2023.

It has also been informed that even petitioner has been allotted a particular school on 21st November, 2023.

Counsel appearing for the petitioner at this stage has submitted that since authorities themselve have recalled the order dated 14.08.2023 which is impugned in the petition, therefore, petitioner’s joining at District-Jhansi be treated w.e.f the date when earlier she was allowed to join at District-Jhansi that is w.e.f 4.7.2023.

Archana Singh counsel appearing for Respondents no 3, 4 and 6 does not have any objection to the aforesaid submission made by the counsel appearing for the petitioner.

In view of the aforesaid submissions, the Court disposed of the petition with a direction that petitioner’s joining at District Jhansi shall be treated w.e.f 4.7.2023 and petitioner shall also be paid consequential service benefits including salary.

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