Pradeep Kumar Vs State of U P and 6 Others

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Court No. - 6 Case :- WRIT - A No. - 4362 of 2021 Petitioner :- Pradeep Kumar Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.,Prem Prakash Yadav

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Hon'ble Pankaj Bhatia,J.

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Counter affidavit filed today, is taken on record.

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Heard learned counsel for the petitioner, Sri Prem Prakash Yadav learned counsel, appearing for respondents no. 7 and 8 and Sri Devesh Vikram, learned Advocate, appearing on behalf of State.

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The present petition has been filed challenging the order dated 09.02.2021 whereby the petitioner, who was working as Block Education Officer, has been transferred and has been attached with the Additional Director of Education (Basic) Directorate, U.P. at Prayagraj.

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The first submission of counsel for the petitioner is that the order is without jurisdiction as the District Magistrate has no role to play in the scheme of Basic Education Act which is governed the services of the petitioner. He places reliance upon the judgement of this Court dated 14.10.2020 passed in Writ-A No. 5540 of 2020 (C/M Sri Durga Ji Purva Madhyamik Balika Jamin and another vs. State of U.P. and 4 others).

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Considering the fact that the judgement of the Court specifically explains the question of jurisdiction and the District Magistrate having no jurisdiction to control the affairs of Education Authorities, the order dated 09.02.2021 could not be sustained and is quashed. The petitioner shall be entitled to all the consequential benefits including the back minimum wages.

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The writ petition stands allowed in terms of the said order.

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Order Date :- 22.7.2021

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Puspendra

Pradeep Kumar v. State of U P and 6 Others

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Pradeep Kumar v. State of U P and 6 Others

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