Disposed

Ramnaresh Singh Chandel v. State of U.P. and 3 Others

Allahabad HC3 Feb 2021WRIA/1509/2021

Case brief

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What is this about?

In a writ petition seeking regularization as a Lecturer in Economics, the High Court directed the Competent Authority to decide the representation within four months via a speaking order, emphasizing this was a timeline direction not a decision on merits.

What did the court decide?

Writ in the nature of mandamus issued to decide the regularization representation within four months through a speaking order.

Ramnaresh Singh Chandel Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 6 Case :- WRIT - A No. - 1509 of 2021 Petitioner :- Ramnaresh Singh Chandel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Subrat Singh,Sheo Kinkar Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The petitioner claims that he is entitled to be regularized on the post of Lecturer in Economics. The petitioner has made an application in this regard but the same has not been decided till date.

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The only prayer made by Shri Shailesh Kumar Shukla, learned counsel holding brief of Shri Sheo Kinkar Singh, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time.

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Per contra, learned Standing Counsel submits that the regularization of the petitioner can only be made in case there is a specific provision in the service rules and the petitioner satisfies the eligibility criteria. This is a matter of fact and law, which can be determined in the first instance by the competent authority. However, the claim of the petitioner has to be decided within a reasonable period of time, and not kept pending indefinitely.

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Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.

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The matter is remitted to the respondent no.3-District Inspector of Schools, Chitrakoot.

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A writ in the nature of mandamus is issued commanding the respondent no.3-District Inspector of Schools, Chitrakoot, to execute the following direction:

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The respondent no.3-District Inspector of Schools, Chitrakoot, shall decide the representation of the petitioner for regularization on the post of Lecturer in Economics by a speaking order in accordance with law preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad, alongwith a fresh copy of the representation.

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The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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It is clarified that this Court has not considered the claim of the petitioner on merits. It is for the competent authority, the respondent no.3-District Inspector of Schools, Chitrakoot, to do so after independent application of mind in accordance with law.

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With the aforesaid direction, the writ petition is disposed of finally.

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Order Date :- 3.2.2021/Dhananjai

Ramnaresh Singh Chandel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ramnaresh Singh Chandel v. State of U.P. and 3 Others

Case brief

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