Quashed

Prem Chand v. State of U.P. and 4 Others

Allahabad HC18 Dec 2018WRIA/26119/2018

Case brief

AI extract

What is this about?

The High Court quashed the District Basic Education Officer's order refusing financial approval to the petitioner's appointment. Relying on a prior decision deeming the Government Order dated 06.01.2011 ultra vires, the Court directed the DBEO to pass a fresh order within six weeks.

What did the court decide?

Quashed order impugned; directed DBEO to pass a fresh order within six weeks following Writ - A No. 13015 of 2016.

Prem Chand Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2018)

¶1

Court No. - 4

¶2

Case :- WRIT - A No. - 26119 of 2018

¶3

Petitioner :- Prem Chand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Shivam Yadav

¶4

Hon'ble Ajit Kumar,J.

¶5

Heard learned counsels for the parties.

¶6

The petitioner has challenged the order passed by District Basic Education Officer (hereinafter to be referred as 'DBEO') whereunder the financial approval to the selection and appointment of the petitioner has been refused on the ground that as far as the Government Order dated 06.01.2011, the Class-IV vacant situations in recognized Junior High Schools cannot be filled in by direct recruitment as the post now are required to be filled by outsourcing except in cases of compassionate appointment.

¶7

The argument advanced by learned counsel for the petitioner is that the controversy regarding employment of Class-IV posts through outsourcing pursuant to the Government Order dated 06.01.2011 in respect of Junior High Schools is no more res integra in view of the decision of this Court in Writ - A No. 13015 of 2016, Committee of Management, Junior High School, Awawon-Sathiyaon, Azamgarh And Anr. v. State of U.P. And Anr. decided on 20.11.2018, wherein this Court has held the Government Order dated 06.01.2011 to be ultra vires and the recruitment has been permitted against the vacant Class-IV situation as per the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984.

¶8

In view of the other objections taken by the DBEO that first the persons working on supernumerary post (Class-IV) should be adjusted under the Government Order dated 21.01.1997, the said issue has already been addressed to by this Court in its order dated 02.05.2018 while setting aside the earlier order of BSA in which he had taken the same ground and therefore, in the opinion of the Court, the said ground is no more open for the BSA and BSA has virtually overreached the observations of this Court in its order dated 02.05.2018 and as such the order cannot be sustained and deserves to be quashed.

¶9

Sri Shivam Yadav, learned counsel for the respondent does not

¶10

dispute the above legal position.

¶11

In view of the above, the legal position completely fits in with the factual position as emerged in this case and accordingly the order impugned cannot be sustained and is hereby quashed. The DBEO shall now pass an order afresh in the light of judgment of this Court in Committee of Management (supra) within a period of six weeks from the date of presentation of certified copy of this order.

¶12

Writ petition is accordingly disposed of .

¶13

Order Date :- 18.12.2018 IrfanUddin

Prem Chand v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Prem Chand v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhrigu Nath Yadav Vs State of U.P. and 4 Others

Sarita Agnihotri Vs State of U.P. and 8 Others

Amrita Singh Vs State of U.P. and 3 Others

Suyash Shukla Vs State of U.P. and Another

Moti Ram and 9 Others Vs State of U.P. and 10 Others

Satendra Singh Vs State of U.P. and 2 Others