Dismissed

Ram Badan Singh v. D.I.O.S and Others

Allahabad HC14 Nov 2018WRIA/2796/1997

Case brief

AI extract

What is this about?

A writ petition filed in 1997 for salary arrears and regularization was disposed of in 2018. The bench observed that 21 years had elapsed since filing. It directed the petitioner to approach the DIOS for regularization within two weeks, allowing the Regional Selection Committee 2 months thereafter to decide. Salary continued as per the interim order.

What did the court decide?

Directed petitioner to approach DIOS within 2 weeks for regularization claim; salary continued pending committee decision.

Ram Badan Singh Vs D.I.O.S and Others — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - A No. - 2796 of 1997

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Petitioner :- Ram Badan Singh Respondent :- D.I.O.S & Others Counsel for Petitioner :- S.K.Varma S.Varma,Hritudhwaj Pratap Sahi,S. Verma,S.K. Singh Kushwaha,Vijay Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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The present writ petition was filed in the year 1997 for the following relief:-

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"It is respectfully prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus directing the respondents to pay to the petitioner his arrears of Salary and also his future salary as and when it accrues and may pass such other and further writ, order or direction as it may deem fit and proper in the circumstances of the case and may also award the cost of the petition."

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On 24.01.1997 an interim order was passed in favour of the petitioner directing the respondent to pay salary to the petitioner until regularly selected candidates are made available.

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It is the case of the petitioner that he was appointed as a teacher on Adhoc basis on a short term vacancy in the L.T. Grade at Sri Jawahar Lal Nehru Smarak Inter College, Ghazipur in the year 1995. By virtue of the interim order noted above the petitioner further claims to have continued to work in that capacity till date.

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While earlier thus writ petition had been dismissed for want of prosecution. It is further stated that upon Special Appeal from such dismissal being allowed, the petition has been restored and in terms of the interim order he is continuing to be paid the salary.

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In such facts it has been stated that the petitioner has further become entitled to consideration for regularization in terms of Section 33 (G) of the U.P. Secondary Education Services Selection Board, 1982. In the changed circumstances, the petitioner prays liberty to seek that relief.

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Twenty one years have passed since the writ petition has remained pending and the petitioner also appears to have continued to work. Therefore, without making any observation as to the merits of the claim it is left open to the petitioner to approach the DIOS, Ghazipur 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, Varanasi 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, Ghazipur. With the aforesaid observation the present writ petition is disposed of.

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For a period of four months from today or till the final decision made by the Regional Selection Committee whichever is earlier, the petitioner shall continue to be paid the salary in terms of the interim order passed in this writ petition and his rights shall be determined in terms of the order of Regional Selection Committee.

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Order Date :- 14.11.2018 Gaurav Pal

Ram Badan Singh v. D.I.O.S and Others

Case brief

What is this about?

What did the court decide?

Ram Badan Singh v. D.I.O.S and Others

Case brief

What is this about?

What did the court decide?

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