Disposed

Pradeep Kumar Singh v. Director of Education and Others

Allahabad HC14 Nov 2018WRIA/26019/2002

Case brief

AI extract

What is this about?

This writ petition challenged the quashing of an impugned order and sought salary for an adhoc teacher. The court left the merits open and directed the petitioner to approach the District Inspector of Schools for regularization under Section 33(G) of the UP Secondary Education Services Selection Board Act for processing by the Regional Selection Committee within a specified timeline, before dispos

What did the court decide?

Petitioner directed to approach District Inspector of Schools within two weeks with certified copy of order for regularization claim; Regional Selection Committee to process within one month; petition

Pradeep Kumar Singh Vs Director of… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - A No. - 26019 of 2002

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Petitioner :- Pradeep Kumar Singh Respondent :- Director Of Education And Others Counsel for Petitioner :- A.N. Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Present writ petition has been filed for the following relief:-

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"a) a writ order or direction in the nature of certiorari to quashing he impugned order dated 6/6/2002 passed by respondent no.2 District Inspector of Schools Jaunpur (Ann. II).

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b) a writ order or direction in the nature of mandamus commanding the respondents not to interfere in the services of the petitioner as L.T. Grade teacher in Sri Bajrang Inter College Ghanshyampur Jaunpur and to pay salary to the petitioner admissible under the rules by month to month."

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The writ petition is of the year 2002. However, no counter has been filed till date. Learned Standing Counsel prays for further time to file counter affidavit.

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The petitioner claims to have been appointed on adhoc basis on a short term vacancy on 06.08.1998 in L.T. Grade at an institution Sri Bajrang Inter College, Ghanshyampur, Jaunpur. He further claims to be working on that post at the said institution since then and he is being paid salary in terms of the interim order passed in this petition on 05.07.2002.

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In the meanwhile while this petition thus remained pending, the legislature has incorporated Section 33(G) of the UP Act No.5 of 1992. The said provision provides for regularization in certain circumstances.

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Learned counsel for the petitioner submits that in view of the fact that 20 year have passed and the petitioner is continuing in service by virtue of the interim order, an opportunity may be given to the petitioner to approach the regional selection committee for consideration of his claim under Section 33(G) of the said Act.

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Therefore, without making any observation as to the merits of the claim it is left open to the petitioner to approach the DIOS, Jaunpur within a period of two weeks from today along with a certified copy of this order and his claim for regularization in terms of Section 33(G) of the U.P. Secondary Education Services Selection Board, 1982. Upon such claim being made the same may be processed and forwarded to the Regional Selection Committee, Jaunpur within a further period of one month and no more. The Regional Selection Committee shall thereafter process the claim and pass appropriate orders strictly in accordance with law within a further period of two months from the date of receipt of such proposal of the DIOS, Jaunpur.

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With the aforesaid observation the present writ petition is disposed of .

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Order Date :- 14.11.2018 Shahroz

Pradeep Kumar Singh v. Director of Education and Others

Case brief

What is this about?

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Pradeep Kumar Singh v. Director of Education and Others

Case brief

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