Partly allowed

Kaushal Ji Srivastava v. State of U.P. and Another

Allahabad HC5 Apr 2019WRIA/3832/2019

Case brief

AI extract

What is this about?

The petitioner challenged an order stopping recruitment via writ petition. The court noted a similar controversy was previously adjudicated. Allowing the petition in part, it disposed of the matter at the admission stage, directing the petitioner to submit grievances and the authority to pass a reasoned order.

What did the court decide?

The writ petition was disposed of. The petitioner was directed to submit a representation ventilating grievances. The authority was directed to pass a reasoned order on the representation.

Kaushal Ji Srivastava Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 18

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Case :- WRIT - A No. - 3832 of 2019

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Petitioner :- Kaushal Ji Srivastava Respondent :- State Of U.P. And Another Counsel for Petitioner :- Subash Chandra Srivastava,Rampyare Lal Srivastava

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Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard Sri Rampyare Lal Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Nisheeth Yadav, learned counsel for respondent no. 2.

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The petitioner has preferred the present writ petition with the prayer to issue a writ in the nature of certiorari quashing the order dated 23.3.2017 passed by the Secretary, UP.Basic Education Board, Allahabad-respondent no. 2.

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It is contented by learned counsel for the petitioner that identical controversy has already been decided by this Court in Writ A No. 47870 of 2017(Neeraj Kumar Pandey and Another Vs. State of U.P. and others) decided on 3.11.2017. Learned counsel for the petitioner relied upon paragraph 56 of the aforesaid judgment which is reproduced below-

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"For the reasons mentioned above, I find that the oral instructions issued by the State Government for stopping the recruitment process is not justifiable. Accordingly, the order of the Secretary dated 23.3.2017, which is bereft of any reason, is set aside. The Secretary of the Board is directed to complete the process of selection against the remaining vacant posts strictly in terms of earlier respective circulars dated 16.6.2016, 19.9.2016 15.12.2016 and 30.12.2016, expeditiously, preferably within two months from the date of communication of this order."

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It is contented by Sri Nisheeth Yadav, learned counsel for respondent no. 2 that subsequent to the order dated 23.3.2017 a decision has already been taken by the Government stopping the entire selection. In view of the aforesaid no fruitful purpose will be served in keeping the matter pending.

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Heard learned counsel for the parties. With the consent of the learned counsel for the parties this writ petition is disposed of finally at the admission stage itself.

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In the facts and circumstances of the case and in the interest of justice the petitioner is directed to submit fresh representation ventilating all his grievances, along with a certified copy of this order before the respondent no. 2- Secretary, UP. Basic Education Board, Allahabad within a period of two week from

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today. In the event such a representation is made, the respondent no. 3 is directed to pass a reasoned speaking order on the said representation within a period of three months thereafter.

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With the aforesaid observations, this writ petition stands disposed of.

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It is made clear that this Court has not expressed any opinion on merits of the case and the authority concern will pass order independently, in accordance with law.

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Order Date :- 5.4.2019 M.A.Ansari

Kaushal Ji Srivastava v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kaushal Ji Srivastava v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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