Dismissed

Gyanendra Bahadur Singh v. State of U.P.through Secretary Secondary Education and 5 Ors.

Allahabad HC11 Jul 2023WRIA/3071/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the regularization of service for a petitioner. Directions were issued to the Regional Joint Director of Education to act on pending papers promptly. Petitioner's service and salary were protected during the pendency, and a timeline for the final order was set.

What did the court decide?

Liberty to file representation within two weeks; order on regularization within six weeks. Petitioner's service and salary protected during pendency.

Gyanendra Bahadur Singh Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44782

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Court No. - 5

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Case :- WRIT - A No. - 3071 of 2006

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Petitioner :- Gyanendra Bahadur Singh Respondent :- State Of U.P.Through Secretary Secondary Education And 5 Ors Counsel for Petitioner :- Ramesh Pandey,Pankaj Kumar Shukla,Piyush Mishra,Som Kartik Shukla,Vinay Prakash Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Irshad Ali,J.

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Heard Sri Som Kartik Shukla, learned counsel for the petitioner and Sri Rahul Kapoor, learned Additional CSC for the respondent(s) Nos.1 to 4 -State.

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At the very outset, learned counsel for the petitioner submitted that papers in regard to regularization of service of the petitioner on the post of Assistant Teacher (L.T. Grade) has been sent to Regional Joint Director of Education (RJD) on 25.06.2022, which is lying pending consideration.

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He further submitted that there is no rational justification on the part of RJD, which is Chairman of the Regional Level Selection Committee, in sitting tight over the matter and in not passing any order on the papers so submitted for regularization. He next submitted that the act and action of the respondent is not justified in law. He submitted that in case direction is issued to pass appropriate reasoned and speaking order on the papers submitted for regularization of service of the petitioner, ends of justice would be met.

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On the other hand, learned Additional CSC submitted that in case papers regarding regularization service of the petitioner are pending consideration before the Chairman, Regional Level Selection Committee, the same shall be considered and appropriate reasoned and speaking order shall be passed within a reasonable period.

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I have considered the submissions advanced by learned counsel for the parties and perused the material on record.

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In the writ petition, an interim order was passed directing payment of salary to the petitioner on the post of Assistant Teacher (L.T. Grade) and in pursuance thereof, the petitioner is continuously working and salary has been paid to him,

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accordingly.

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In view of submissions advanced by learned counsel for the parties and in view of facts and circumstances of the case, there is no justification to keep the writ petition pending.

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Accordingly, the writ petition is finally disposed of with a liberty to the petitioner to file a fresh comprehensive representation to respondent No.3 - Regional Joint Director of Education, Lucknow Region, Lucknow within two weeks from today. In case such a representation is filed within aforesaid period, the same shall be considered and appropriate reasoned and speaking order shall be passed on regularization of service of the petitioner within a period of six weeks from the date of production of a certified copy of this order.

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It is, however, made clear that during pendency of the matter of regularization before the Chairman, Regional Level Selection Committee, the service of the petitioner shall not be interfered with and he will be paid salary in accordance with law.

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Order Date :- 11.7.2023 Adarsh K Singh

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Digitally signed by :- ADARSH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Gyanendra Bahadur Singh v. State of U.P.through Secretary Secondary Education and 5 Ors.

Case brief

What is this about?

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Gyanendra Bahadur Singh v. State of U.P.through Secretary Secondary Education and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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