Allowed

Pramod Kumar Singh v. State of U.P. Thru Secy. Deptt. of Secondary Edu. and Others

Allahabad HC29 Jan 2020WRIA/22812/2005

Case brief

AI extract

What is this about?

In a writ petition challenging the denial of appointment approval for a General Category petitioner selected for a Sweeper post, the Court held the District Inspector of Schools acted illegally. The Court set aside the impugned order and awarded costs.

What did the court decide?

Impugned order dated 02.03.2005 set aside; respondents to pass fresh order; disclaimer of exemplary cost of Rs. 25,000 quantified against petitioner-3.

Pramod Kumar Singh Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2020)

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Court No. - 34

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Case :- WRIT - A No. - 22812 of 2005

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Petitioner :- Pramod Kumar Singh Respondent :- State of U.P. Thru Secy. Deptt. Of Secondary Edu. And Others Counsel for Petitioner :- B. Singh, Adarsh Singh, R.P. Yadav Counsel for Respondent :- C.S.C.,I.R. Singh

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Hon'ble Sudhir Agarwal,J.

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Heard Sri Adarsh Singh, Advocate, for petitioner and learned Standing Counsel for respondents.

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It is contended that petitioner was selected for appointment on the post of Class-IV (Sweeper) but his approval has been denied by District Inspector of Schools, Azamgarh (hereinafter referred to as “DIOS”) only on the ground that petitioner is a general candidate, hence, not eligible for appointment on the post of Sweeper. Counsel for petitioner contended that impugned order itself shows that there were 14 Class-IV posts in Sri Shankar Ji Intermediate College, Pusp Nagar, District Azamgarh whereagainst 13 were already filled in out of which, 9 were O.B.C., 3 Scheduled Castes and 1 General, and against 14^th vacancy of Sweeper, petitioner was selected but his selection has not been approved only on the ground that he is general category candidate and, therefore, not eligible.

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Learned Standing Counsel, when questioned, as to how general candidate is not eligible for appointment to the post of Sweeper, he could not give reply. It is not the case of respondents that post of Sweeper in entirety are reserved only for Scheduled Caste or Scheduled Tribes or OBC category candidates and no general candidate can be appointed.

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Moreover, against 14 sanctioned posts, 13 were filled in, out of which 12 were already occupied by reserved category candidates. Therefore, denial of approval to petitioner's selection by DIOS is patently illegal and shows total non application of mind and lack of understanding on his part. Considering the manner in which DIOS has acted, it is clear that this writ petition has been forced upon petitioner and therefore, petitioner deserves

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exemplary cost.

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In the result, the writ petition is allowed. Impugned order dated 02.03.2005 is hereby set aside. Respondents shall now pass fresh order in accordance with law.

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Petitioner shall also be entitled to cost which I quantify to Rs. 25,000/against petitioner-3 which shall be paid to him within two months. Order Date :- 29.1.2020 PS

Pramod Kumar Singh v. State of U.P. Thru Secy. Deptt. of Secondary Edu. and Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar Singh v. State of U.P. Thru Secy. Deptt. of Secondary Edu. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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