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Vijay Kumar Bharti and 3 Others v. State of U.P. and 2 Others

Allahabad HC27 Mar 2018WRIA/6640/2018

Case brief

AI extract

What is this about?

The Court recalled an order granting time to the respondent to file a response in a writ petition concerning appointment approval. Relying on a prior judgment in Smt. Hemlata Singh v. State of U.P., the Court set aside the impugned order by the District Inspector of Schools and disposed of the writ petition with directions.

What did the court decide?

Recall of CMA order dated 14.3.2018; Impugned order dated 10.10.2017 set aside; Writ petition disposed of with directions to ensure appointment abides by W.P. 62544 of 2013.

Vijay Kumar Bharti and 3 Others Vs State… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 18

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Case :- WRIT - A No. - 6640 of 2018 Petitioner :- Vijay Kumar Bharti And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J.

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( Order on Civil Misc. Recall Application No.___of 2008) filed on behalf of Vijay Kumar Bharti and others )

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Learned counsel for the petitioner is permitted to make necessary correction in the writ petition forthwith.

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Heard Shri R.K. Singh Kaosik, learned counsel for the applicant-petitioner and learned Additional Chief Standing Counsel for the State respondents.

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This application has been filed for recalling the order dated 14.3.2018 whereby learned Additional Chief Standing Counsel was accorded two weeks' time to file response in the matter and the matter has been directed to be listed on 16.4.2018.

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On the matter being taken up today, learned counsel for the petitioner, in support of his recall application, submits that the similar controversy has already been decided by this Court on 6.11.2015 in Writ-A No.61323 of 2015 (Smt. Hemlata Singh v. State of U.P. & Ors.) with following directions:-

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".............Since there is no other ground mentioned in the impugned order, the order impugned passed by the District Inspector of Schools dated 19th August, 2015 is unsustainable and it is set aside. The matter is remitted to the District Inspector of Schools to consider afresh ignoring the Government Order dated 04th September, 2013. However, in case the District Inspector of Schools accords the approval to the appointment of the petitioner, he will ensure that in the appointment letter of the petitioner it would be recorded that her appointment shall abide by the result of Writ Petition No. 62544 of 2013 (Committee of Management, Lala Babu Baizal Memorial Inter College v. Special Secretary, Government of Uttar Pradesh), which is pending before this Court and wherein the Government order dated 04th September, 2013 has been stayed.

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The writ petition is, accordingly, disposed of. There shall be no order as to costs."

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In this backdrop, learned counsel for the petitioner submits that the order dated 14.3.2018 is liable to be recalled and the present writ petition may be disposed of in terms of the aforesaid judgement.

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So far as the factual and legal aspect is concerned, the same is

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not disputed by learned Additional Chief Standing Counsel.

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In the aforesaid facts and circumstances, the order dated 14.3.2018 is recalled and the impugned order dated 10.10.2017 passed by the District Inspector of Schools, Varanasi is set aside.

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The writ petition is also disposed of in the same terms as given in Smt. Hemlata Singh (Supra).

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Order Date :- 27.3.2018 RKP

Vijay Kumar Bharti and 3 Others v. State of U.P. and 2 Others

Case brief

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Vijay Kumar Bharti and 3 Others v. State of U.P. and 2 Others

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