Disposed

Chakra Dhar Shukla Appropriate Bench v. the State of U.P. Throgh the Secy. of Education Madhyamik

Allahabad HC25 Sept 2023WRIA/4904/2003

Case brief

AI extract

What is this about?

The Allahabad High Court directed the competent authority to examine the petitioner's claim for regularization under the UP Secondary Education Services Selection Board Act. The petition was disposed of with a direction to decide within four months.

What did the court decide?

Directed competent authority to decide on regularization claim within four months calling for relevant records if needed.

Chakra Dhar Shukla Appropriate Bench Vs the State… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:61706

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Court No. - 5

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Case :- WRIT - A No. - 4904 of 2003 Petitioner :- Chakra Dhar Shukla Appropriate Bench Respondent :- The State Of U.P. Throgh The Secy. Of Education Madhyamik Counsel for Petitioner :- Pt.S.Chandra Counsel for Respondent :- C.S.C. Hon'ble Irshad Ali,J.

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Heard learned counsel for petitioner and learned Standing Counsel for the State.

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The petitioner claims that he is entitled for regularization under the provisions contained in Section 33-G of U.P. Secondary Education Services Selection Board Act, 1982. The issue as to whether petitioner is entitled to be regularized or not is a matter to be gone into by the competent authority in accordance with law. It is expected that the competent authority shall examine petitioner's claim for regularization by analyzing facts, after calling for relevant records, on relevant statutory parameters.

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Since the issues in that regard are to be examined at the level of the competent authority, this Court is not required to go into such issues, at the first instance.

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Accordingly, the writ petition is finally disposed of with the directions to the competent authority to consider the claim of petitioner in accordance with law after determining the eligibility and entitlement required for the purposes of regularization under Section 33-G of the aforesaid Act and if required, call for appropriate report and record from the office of the District Inspector of Schools concerned as also from the Committee of Management of the Institution concerned for reaching on a correct conclusion. Interim order, which is passed in the writ petition shall continue till the final decision is taken by the competent authority as provided above. Further continuance of petitioner shall abide by order to be passed by competent authority.

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It is expected that the aforesaid exercise shall be completed and final decision shall be taken by competent authority within a period of four months from the date a certified copy of this order is placed before him.

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Order Date :- 25.9.2023 / Adarsh K Singh

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

Chakra Dhar Shukla Appropriate Bench v. the State of U.P. Throgh the Secy. of Education Madhyamik

Case brief

What is this about?

What did the court decide?

Chakra Dhar Shukla Appropriate Bench v. the State of U.P. Throgh the Secy. of Education Madhyamik

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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