Disposed

Gopeshwar Pandey v. State of U.P. and 3 Others

Allahabad HC28 Apr 2022WRIA/6309/2022

Case brief

AI extract

What is this about?

This single-judge writ petition sought regularization of the petitioner's services as an Assistant Teacher under Section 33(c) of the U.P. Secondary Education Service Selection Board Act, 1982. The High Court disposed of the matter by directing the Joint Director of Education to expediently decide the pending representation within three months.

What did the court decide?

Direction to respondent no.3 to decide the pending representation of petitioner regarding regularization of services within three months.

Gopeshwar Pandey Vs State of U.P. and 3… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 6309 of 2022

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Petitioner :- Gopeshwar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard Shri B.D. Pandey, learned Counsel for the petitioner, learned Standing Counsel for the State respondent nos.1 to 3.

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The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

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"(i) Issue a writ order or direction in the nature of mandamus commanding to the respondent no.3 to regularize the services of petitioner as Assistant Teacher in Ratansen Inter College, Nichlaul, Maharajganj in view of proposal dated 28.06.2008 (Annexure No.7), under Section 33 (c) of U.P. Secondary Education Service Selection Board Act, 1982.

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(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to consider and decide the claim of petitioner contained in representation dated 03.05.2019 for being regularize the services of petitioner as Assistant Teacher in Ratansen Inter College, Nichauli, Maharajganj in view of proposal dated 28.06.2008, under Section 33 (c) of U.P. Secondary Education Service Selection Board Act, 1982 within stipulated period."

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It is contended by learned Counsel for the petitioner that initially the petitioner was appointed on ad hoc basis on 30.06.1991 by the Committee of Management namely, Janta Inter College, Purandarapur, Maharajganj and the provisions of Intermediate Education Act, 1971 as well as Regulation framed thereunder are governing the services of the petitioner. The Committee of Management vide resolution dated 12.06.1991 recommended the name of the petitioner for regularization on the post of Assistant Teacher L.T. Grade on account of vacancy, which was not filled up by the educational authorities within a period of two years from the date of its occurrenc.

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It is further contended by learned Counsel for the petitioner that in view of provisions of Section 33 (c) of U.P. Secondary Education Service Selection Board Act, 1982 the petitioner is entitled for regularization.

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Lastly, it is contended that in this regard the petitioner represented the matter before the respondent no.3, Joint Director of Education, VIIth Region, Gorakhpur on 03.05.2019, which remain pending till date.

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Learned Standing Counsel states that no useful purpose will be served in calling for the counter affidavit and keeping the writ petition pending and an appropriate direction may be issued to the respondent no.3 to consider the grievance of the petitioner within stipulated period.

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Considering the facts and circumstances of the case, without going into its merit and with the consent of the parties, the writ petition is disposed of with a direction to the respondent no.3, Joint Director of Education, VIIth Region, Gorakhpur to decide the representation dated 03.05.2019 pending

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before it expeditiously, in view of proposal dated 28.06.2008, under Section 33 (c) of U.P. Secondary Education Service Selection Board Act, 1982 as well as recommendation made by the respondent no.3 on 04.09.2020 after hearing the Committee of Management of the Institution in question, preferably within a period of three months from the date of production of a certified copy of this order before it.

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Order Date :- 28.4.2022 S.P.

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Digitally signed by SANJAY PURI Date: 2022.04.28 16:52:36 IST Reason: Location: High Court of Judicature at Allahabad

Gopeshwar Pandey v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gopeshwar Pandey v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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