Dr. Saroj Raizada v. State of U P and 4 Others
Case brief
What is this about?
Writ petition for regularisation of services as Lecturer. Court held petitioner must first approach department for redressal under Article 226 and did not adjudicate claim on merits.
What did the court decide?
Direction to approach Regional Higher Education Officer within 15 days; no adjudication on merits.
What the court decided
Court No. - 39
Case :- WRIT - A No. - 19188 of 2018
Petitioner :- Dr. Saroj Raizada Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri H.P. Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking regularisation of his services on the post of Lecturer (Sociology) in Dayanand Girls P.G. College, Kanpur Nagar with effect from 1998.
The contention of the petitioner, as stated in paragraph 15 of the writ petition, is that her services have been regularised with effect from 2005 whereas she was entitled for regularisation with effect from September, 1998.
In our opinion, the petitioner should first approach the department for redressal of her grievances before approaching the Court under Article 226 of the Constitution of India.
This writ petition is disposed of with a direction that if the petitioner prefers a fresh representation before the respondent no. 3, Regional Higher Education Officer, Kanpur Nagar within fifteen days from today in respect of her grievance and relief claimed in the writ petition along with a certified copy of this order, the respondent no. 3 shall consider and decide the said representation in accordance with law within a period of three months thereafter.
Issues for consideration
2 issues framed by the court
Whether petitioner is entitled to regularisation of services with effect from September 1998 or 2005.
Whether Court can adjudicate the claim on merits or should direct approach to department first.
Parties & counsel
- petitioner
Dr. Saroj Raizada
- respondent
State Of U P
Coram
Amit Sthalekar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- WRIA/19188/2018
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