Jyoti Rawat Vs State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. and 6 Others

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Court No. - 7

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Case :- WRIT - A No. - 3734 of 2022

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Petitioner :- Jyoti Rawat

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Lko. And 6 Others

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Counsel for Petitioner :- Rajiv Raman Srivastava,Adarsh Shukla

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Counsel for Respondent :- C.S.C.,Manish Mishra

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajiv Raman Srivastava, the learned counsel for the petitioner, Sri Manish Mishra, the learned counsel for District Basic Education Officer and Block Education Officer, Lucknow and Sri Divesh Mishra, the learned Additional Chief Standing Counsel for opposite party nos. 1, 2, 4 and 7.

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By means of the present writ petition, the petitioner has challenged the validity of an order dated 17.02.2022 passed by the District Basic Education Officer, Lucknow, by which the services of the petitioner has been terminated.

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Sri Manish Mishra, has raised a preliminary objection that the petitioner has a right to file an appeal against the aforesaid order of termination under Rule - 5 of U.P. Basic Education Staff Rules - 1972. This writ petition is not maintainable in view of the availability of alternative remedy.

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Confronted with the aforesaid submission, the learned counsel for the petitioner states that he may be given an opportunity to file an appeal against the impugned order dated 17.02.2022 and the same may be decided in accordance with law.

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Keeping in view the aforesaid circumstances, the instant writ petition is disposed of with liberty to the petitioner to file an appeal against the order dated 17.02.2022 within a period of

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two weeks from today. In case any such appeal is filed by the petitioner, the same will be considered and decided in accordance with law within a period of three months.

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Order Date :- 7.6.2022 Ashish pd.

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Digitally signed by ASHISH PRASAD Date: 2022.06.07 20:22:16 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Jyoti Rawat v. State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. and 6 Others

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Jyoti Rawat v. State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. and 6 Others

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