Disposed

Kanhai Ram Prajapati v. State of U.P. and 2 Others

Allahabad HC29 Mar 2018WRIA/8930/2018

Case brief

AI extract

What is this about?

The High Court set aside an order disapproving the petitioner's appointment on a Class-IV post. Following the precedent of Smt. Hemlata Singh, the Court directed authorities to consider the appointment afresh by ignoring the impugned Government Order, pending the outcome of a related PIL regarding the order's validity.

What did the court decide?

Impugned order dated 21.3.2018 set aside; matter remitted to District Inspector of Schools to reconsider appointment ignoring the Government Order.

Kanhai Ram Prajapati Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 18

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Case :- WRIT - A No. - 8930 of 2018

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Petitioner :- Kanhai Ram Prajapati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondent nos.1 and 2.

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In view of the order proposed to be passed, notice need not go to respondent no.3.

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The petitioner is before this Court assailing the order dated 21.3.2018 passed by District Inspector of Schools, Jaunpur disapproving the appointment of the petitioner on Class-IV post in view of the Government Order dated 04.09.2013 passed by the State Government.

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Learned counsel for the petitioner apprises to the Court that similar controversy has also come up before this Court in Writ-A No.61323 of 2015 ( Smt. Hemlata Singh v. State of U.P. & Ors. ) and the said writ petition was disposed of on 6.11.2015 with positive direction and as such it is contended that similar direction may also be passed in this writ petition also. The relevant portion of the judgment dated 06.11.2015 is quoted as under:-

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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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So far as the factual and legal aspect is concerned, the same is not disputed by learned Additional Chief Standing Counsel appearing for the State respondents.

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In the aforesaid facts and circumstances, the impugned order cannot sustain and is accordingly set aside. The writ petition is also disposed of in the same terms as given in Smt. Hemlata Singh (Supra).

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Order Date :- 29.3.2018 SP/

Kanhai Ram Prajapati v. State of U.P. and 2 Others

Case brief

What is this about?

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Kanhai Ram Prajapati v. State of U.P. and 2 Others

Case brief

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