Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : ...it Appears That The Word 'ADYATAN' Means Up-to-date And Not Merely As On Date....
JUDGEMENT TITLE : Km. Seema Vs. State Of U.P. Thru. Sec. Lko. And Others On 09/09/2010 By Allahabad High Court
CASE NO : SPECIAL APPEAL NO. 1565 OF 2010
CORAM : Hon'ble Ferdino Inacio Rebello,Chief Justice And Hon'ble Amreshwar Pratap Sahi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

A.F.R.
Chief Justice's Court

Case :- SPECIAL APPEAL No. - 1565 Of 2010

Petitioner :- Km. Seema
Respondent :- State Of U.P. Thru. Sec. Lko. And Others
Petitioner Counsel :- S. Srivastava & Suresh Kumar Shukla
Respondent Counsel :- C.S.C.,Tej Bahadur

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Amreshwar Pratap Sahi,J.
The Appellant Assails The Judgement Of The Learned Single Judge Dated 25.8.2010 Whereby Her Claim For Being Considered As A Candidate For B.T.C. Training Course, 2010 Under The Shiksha Mitra Category, Has Been Dismissed In View Of Various Provisions Of The Relevant Government Orders Applicable To The Controversy, Treating Her To Be Ineligible On Account Of Considerable Break In Service.
The Appellant Filed The Writ Petition Giving Rise To The Present Appeal Praying For Quashing Of The Communication Dated 10.8.2010 Issued By The District Institute Of Education And Training (DIET), Meerut Informing Her That Since She Was Not Regularly And Continuously Working As A Shiksha Mitra And There Was Break In Her Service Between 1.8.2009 To 14.2.2010, Therefore, She Could Not Be Considered As A Candidate Under The Shiksha Mitra Category By Virtue Of Clause 2 Of The Advertisement Published Pursuant To The Government Order Dated 14.5.2010.
The Learned Single Judge, After Having Discussed The Entire Facts As Alleged Came To The Conclusion That Since The Appellant Did Not Fulfill The Requisite Eligibility Criteria And Her Continuity As Shiksha Mitra Was Visited By A Long Break In Service, Therefore, She Was Not Entitled To The Aforesaid Benefit.
Learned Counsel For The Appellant Submits That The Aforesaid Approach Of The Learned Single Judge Is Erroneous And Even Otherwise The Government Order Dated 15.6.2007 On Which Reliance Has Been Placed By The Learned Single Judge, Does Not Disqualify The Appellant From Availing The Said Benefit Of Weightage As A Candidate Under The 10% Quota Meant For The Shiksha Mitra Category. Learned Counsel Further Relies On The Meaning Of The Word 'ADYATAN' As Contained In The Relevant Government Orders, Which Requires That Candidates Should Be Working As On The Date Of Moving Of The Application, And The Break As Alleged Would Not Disqualify The Appellant. The Learned Counsel Has Cited The Meaning As Contained In The OXFORD HINDI-ENGLISH DICTIONARY And Has Also Relied On The LEGAL GLOSSARY (1992 Edition) Published By The Government Of India To Substantiate His Submissions. He Contends That The Aforesaid Word Means "up-to-date" And Therefore, Functioning Of A Shiksha Mitra Should Be Construed As On The Date Of Moving Of The Application And Not A Continuous Functioning As Suggested By The Learned Standing Counsel. He Further Submits That The Learned Single Judge Has Committed An Error By Assigning An Incorrect Meaning To The Relevant Provisions As Contained In The Government Orders.
Learned Standing Counsel On The Other Hand Contends That If The Meaning As Suggested By The Learned Counsel For The Appellant To The Word 'ADYATAN' Is Accepted, Then In That View Of The Matter, Every Candidate Would Be Free Not To Work And Without Maintaining Continuity Would Be Entitled To Claim Such Benefit. This, According To The Learned Standing Counsel, Is Impermissible Under The Rules And Even Otherwise, There Was No Provision For Grant Of Leave To A Shiksha Mitra. The Appellant Has Availed Of Leave Without There Being Any Provision Or Any Authority Vested With Any Officer To Grant Such Leave.
Learned Counsel For The Appellant Replying To The Said Submission Contends That There Is No Prohibition Under The Government Orders To Grant Leave And Hence The Appellant Having Fulfilled All The Other Conditions, She Could Not Have Been Non-suited On The Ground Of Absence Of Continuity.
We Have Considered The Rival Submissions.
From The Record, It Remains Undisputed That The Appellant Had A Break In Service Between 1.8.2009 To 14.2.2010. There Is No Provision For Grant Of Leave To A Shiksha Mitra, Which Is Also Admitted To The Learned Counsel For The Appellant. He, However, Submits That Since There Is No Prohibition, The Same Cannot Be Said To Create Any Embargo On The Eligibility Of The Appellant. The Aforesaid Argument, If Accepted, Would Be Reading Something Additional Into The Government Orders Relevant To� The Appointment Of Shiksha Mitra Something Which Has Not Been Specifically Provided For.
The Reason For Not Making A Provision For Leave Appears To Be That The Appointment Of Shiksha Mitra Is A Tenure Appointment For One Year, Renewable On The Performance Of Satisfactory Service. If A Candidate Is Allowed To Have Leave, The Same Would Have A Detrimental Effect On The Purpose For Which Such A Shiksha Mitra Is Appointed, Namely, To Supplement Teaching For Students Of A Primary School. This Is In The Larger Public Interest Not To Give Leave To A Shiksha Mitra. If The Interpretation As Suggested By The Learned Counsel For The Appellant Is Accepted Then All Such Candidates Who Had Break In Service, Would Be Entitled For A Similar Treatment And If Denied, The Same Would Violate Article 14 Of The Constitution Of India.
In Our Opinion, The Government Orders Do Not Contemplate Grant Of Any Leave To A Shiksha Mitra. A Perusal Of The Government Orders Dated 15.6.2007 Would Indicate That There Is No Provision For Grant Of Medical Leave Except For A Period Of Three Months Of Maternity Leave That Too Even For The First Two Deliveries. In The Instant Case, The Appellant Admittedly Is Unmarried And Is A Spinster. She Was, Therefore, Not Entitled For Any Such� Leave And The Learned Counsel Has Been Unable To Point Out Any Provision Under Which The Leave Availed Of By The Appellant, Was A Validly Sanctioned Leave.
It Is Settled Principle Of Law That Things Which Have Not Been Provided For Are Not Impliedly Permitted. In The Instant Case, The Provision For Maternity Leave In The Manner Aforesaid In The Government Orders Dated 15.6.2007, Therefore, Leaves No Room For Doubt That No Other Leave Is Admissible For Females.
Coming To The Second Contention Raised By The Learned Counsel For The Appellant About The Qualification Possessed By Her, The Same Has To Be Governed By The Provisions Of The Government Orders, Which As A Matter Of Fact, Does Not Even Directly Arise Herein.
The Ground, On Which The Appellant Has Been Non-suited, Is That There Was A Break In Service. There Is No Dispute That The Appellant Had Completed Her Three Years Of Tenure As Shiksha Mitra Previously. However, In The Session Of 2009 And 2010 During Which The Applications Were Invited For Special B.T.C. Course, 2010, The Appellant Admittedly Had A Break And Had Not Continued To Function Regularly As A Shiksha Mitra.
Sri Srivastava, Learned Counsel For The Appellant Vehemently Contended That The Word 'ADYATAN' Means As Of Today And Indicates The Present Tense. He Submits That The Aforesaid Word Does Not Connote That There Should Be A Continuous Functioning Without Break, Rather The Meaning Is That As On The Date Of Moving Of The Application, The Appellant Should Be Working As A Shiksha Mitra.
We Have Examined The Aforesaid Meaning As Assigned In The OXFORD HINDI ENGLISH DICTIONARY And We Find That The Meaning Assigned To The Said Word Is Up-to-date. In LEGAL GLOSSARY Published By The Government Of India, 1992 Edition The Same Meaning Is Mentioned. Apart From This, The HINDI ENGLISH DICTIONARY Compiled By H.W. WAGENNAR Published By Allied Publishers, New Delhi, Assigns The Meaning As Up-to-date; Modern. The SANSKRIT ENGLISH DICTIONARY, Edited By V.S. APTE, Published By Moti Lal Banarasi Das Defines The Word 'ADYATAN' As Pertaining Or Referring To, Extending Over, Today. The Word 'up-to-date' Has Been Defined In Murray's Dictionary Edited By W.A. Craige As Follows:-�
1. Right Up To The Present Time. 2. Extending To The Present Time.
Having Considered The Aforesaid Meanings Given In Different Dictionaries, It Appears That The Word 'ADYATAN' Means Up-to-date And Not Merely As On Date As Suggested By The Learned Counsel For The Appellant. A Candidate Has To, Therefore, Continue To Perform Uninterrupted Duties Of Shiksha Mitra In The Session In Which The Candidate Is Seeking Weightage Of 10% For Special B.T.C. Training As Provided For In The Notification For The Year 2010. In Such A Situation, The Question As To Whether The Appellant Was Entitled To Go On Leave And After Having Rejoined, Was Entitled To The Benefit Of The Aforesaid Provisions, Has To Be Considered In The Light Of The Aforesaid Observations. The Impugned Communication, Therefore, Cannot Be Faulted With In The Circumstances As Above. The Learned Single Judge Was Also Therefore Right In Concluding That Absence Of Continuity Disentitles The Appellant To Stake Her Claim.
The Next Question, Therefore, That Arises For Consideration Is Whether Such Relaxation Is Permissible, If The Candidate Has Completed Three Tenures As Shiksha Mitra, For Any Break Of Service Occurred Thereafter. The Aforesaid Issue In The Peculiar Circumstances Of The Case May Therefore Be Examined By The Director, State Council For Research And Training Before Whom The Appellant May Represent Her Case Within A Week From The Date Of Production Of A Certified Copy Of This Order. In The Event, Such A Representation Is Made, The Same Shall Be Considered By The Director And Appropriate Orders Shall Be Passed Within Three Weeks Thereafter.
Appeal Stands Disposed Of Accordingly.

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