Shakti Prakash Singh v. Union of India Thru. Secy. Min. of Tribal Affairs New Delhi and 3 Others

Allahabad HC12 Nov 2024WRIA/10433/2024

Case brief

AI extract

What is this about?

This is an interim order in a writ petition concerning the regularisation of a post and a technical resignation to retain a lien. The court listed the issue and directed notice to the third respondent to explore continuance of the vacancy. The next listing is to be as a fresh case.

What did the court decide?

Issue notice to respondent no. 3 and steps be taken within a week; next listing as fresh.

Shakti Prakash Singh vs Union of India Thru. Secy… — Service and Employment | Allahabad HC (2024)

¶1

Court No. - 5

¶2

Case :- WRIT - A No. - 10433 of 2024

¶3

Petitioner :- Shakti Prakash Singh Respondent :- Union Of India Thru. Secy. Min. Of Tribal Affairs New Delhi And 3 Others Counsel for Petitioner :- Aditya Tiwari,Giriraj Prajapati Counsel for Respondent :- A.S.G.I.,Nishant Shukla

¶4

Hon'ble Abdul Moin,J.

¶5

Heard learned counsel appearing for the petitioner, Shri Surya Bhan Pandey, learned Senior Advocate assisted by Shri Varun Pandey, learned counsel appearing for respondents no. 1 & 2 and Shri Nishant Shukla, learned counsel appearing for the respondent no. 4.

¶6

Contention of learned counsel for the petitioner is that the petitioner had applied for the post of Principal in Eklavya Model Residential School, an autonomous institution under National Education Society for Tribal Students, through proper channel and had also been declared as selected for the post of Principal.

¶7

As the petitioner was working on the regular post under the respondent no. 4/Institution as P.G.T. (Biology), he applied for grant of lien for a period of two years and for technical resignation.

¶8

The same was accepted by the respondent no. 4 vide its order dated 01.07.2024, a copy of which is Annexure No. 5 to the petition, and it was provided that lien of the petitioner would be maintained on the post of P.G.T. (Biology) for a period of two years and his technical resignation was also accepted. However, the petitioner was not able to join under the respondent no. 3 and joined back under the respondent no. 4.

¶9

Shri Nishant Shukla, learned counsel appearing for the respondent no. 4 submits that joining of the petitioner was permitted on account of he having filed an application dated 30.07.2024 for cancellation of his

¶10

technical resignation, his relieving and his lien that had been granted by the respondent no. 4.

¶11

Subsequent thereof, the petitioner filed again an application dated 04.10.2024, a copy of which is Annexure No. 7 to the petition, again requesting for acceptance of technical resignation and allowing him to retain lien for the post of P.G.T. (Biology) for a period of two years under the respondent no. 4 which application still remains pending with respondent no. 4. In the meanwhile, the petitioner failed to join under the respondent no. 3 despite an extension having been granted by the respondent no. 3 permitting him to join by 10.10.2024. By means of order dated 14.10.2024, his appointment has been cancelled.

¶12

Contention of learned counsel for the petitioner is that he is still willing to join under the respondent no. 3, however, he does not know whether any vacancy continues to exist under the respondent no. 3.

¶13

Accordingly, issue notice to respondent no. 3. Steps be taken within a week.

¶14

List on the date indicated in the notice.

¶15

As only a short question of law is involved as such, whenever the case is next listed it be listed as fresh.

¶16

In the meanwhile, respondents may file a short counter affidavit.

¶17

Order Date :- 12.11.2024 Mohit Singh/-

¶18

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

Shakti Prakash Singh v. Union of India Thru. Secy. Min. of Tribal Affairs New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

Shakti Prakash Singh v. Union of India Thru. Secy. Min. of Tribal Affairs New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vijay Dauneriya vs State of Up and Another

Nisha Singh vs Ashish Kumar Singh District Basic Education Officer Distt. Bahraich

Anil and 3 Others vs D.D.C District Hardoi and 4 Others

Ram Achal Gupta and Another vs State of U.P. Thru. Prin. Secy. Cooperative Lko and 3 Others

Oriental Insurance Company Limited Thru. Manager / Deputy Manager Lko. vs Rajesh Kumar Soni and 8 Others

Oriental Insurance Company Ltd. Thru. Its Manager,/Deputy Manager Regional Office, Lucknow vs Rajesh Kumar Soni and 6 Others