Disposed

Ashish Kushwaha v. State of U.P. and 3 Others

Allahabad HC7 Dec 2018WRIA/24675/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking extension of a lien period. It directed the authorities to verify if the petitioner's services for a subsequent appointment were confirmed before deciding on fresh lien. The original lien had already expired.

What did the court decide?

The writ petition was disposed of with a direction to the District Basic Education Officer to verify confirmation of services and then decide on fresh lien.

Ashish Kushwaha Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 4

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Case :- WRIT - A No. - 24675 of 2018

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Petitioner :- Ashish Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Yadav Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh

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Hon'ble Ajit Kumar,J.

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Heard learned counsels for the parties.

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The petitioner by means of this writ petition has sought a relief in the nature of mandamus for extension of lien period for another two years which was initially granted to him on 30.03.2017.

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Sri Bhanu Pratap Singh, learned counsel appearing for Board namely 3rd respondent was directed to have instruction in the matter. Today, Sri Singh has placed an order of the Secretary, U.P. Basic Education Board, Prayagraj wherein it has been observed that on the completion of one year period of probation on vacancy on which the petitioner has been subsequently appointed, he stands confirmed and therefore, he cannot be granted lien on the erstwhile post which he had held prior to his appointment to the present position.

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In the first instance, in the opinion of the Court, the order dated 30.03.2017 granting lien to the petitioner has come to already expired on 30.03.2018. The question of extension therefore, cannot be raised at this stage as the period already granted has run out and the petition that has been filed on 01.11.2018 can only be considered for the purpose of fresh lien to be accorded to the petitioner if it can be done in accordance with law, however, since the Secretary, U.P. Basic Education Board, Prayagraj has already informed in his letter to his counsel that the services of the petitioner have come to be confirmed, it is necessary to look into the documents of the confirmation of the petitioner because if the services of the petitioner could be confirmed, the relief sought in the writ petition cannot be granted. However, in case if there is no confirmation order in respect of the services of the petitioner on the position which he acquires at present, the question for further grant of lien on the original basis can be considered.

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In view of the above, the writ petition at this stage is disposed of with a direction to the District Basic Education Officer, Unnao to look into the application of the petitioner, and in case

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if the services of the petitioner have not been confirmed as Assistant Teacher in Senior Basic School, Darshanpurva, Kalpi Road, Kanpur Nagar run by Basic Shiksha Parishad and for that he has got an information from the District Basic Education Officer, Kanpur Nagar and thereafter, in case if the confirmation is not done, he shall dispose of the application of the petitioner for extending or granting fresh lien on the position that he has already in Unnao for further period.

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Order Date :- 7.12.2018 IrfanUddin

Ashish Kushwaha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ashish Kushwaha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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