Disposed

Brijesh Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 7 Others

Allahabad HC28 Mar 2024WRIA/2494/2024

Case brief

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What is this about?

Writ petition challenging rejection of regularization for the post of Lecturer (Hindi). Court stayed impugned order and directed salary payment pending counter affidavit by opposite party. Interim protection in related writ referenced.

What did the court decide?

Stay of impugned order; direction to opposite parties to ensure payment of salary to petitioner.

Brijesh Kumar Singh vs State of U.P. Thru. Addl… — Education and Admissions | Allahabad HC (2024)

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Court No. - 17

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Case :- WRIT - A No. - 2494 of 2024

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Petitioner :- Brijesh Kumar Singh

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 7 Others Counsel for Petitioner :- Pawan Kumar Pandey Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1, 3 & 4 to 6 and Mr. R.K.S. Suryvanshi, learned counsel for opposite party no.7.

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Issue notice to opposite party no.8, returnable at an early date.

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Petition has been filed challenging order dated 06.02.2024 whereby petitioner's regularization on the post of Lecturer (Hindi) in terms of Section 33-G of U.P. Secondary Education (Services Selection Board) Act, 1982 (hereinafter referred to as the Act of 1982) has been rejected on the ground that Petitioner's initial appointment on 03.10.1998 under Section 18 of U.P. Intermediate Education Act, 1921 was not in accordance thereof since no prior approval has been sought from the authorities concerned.

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Learned counsel for petitioner submits that the impugned order does not even consider the aspects which were required to be seen in terms of Section 33-G of the Act of 1982 and has delved on an aspect which was not required to be seen in terms of aforesaid provision. He has also adverted to judgment and order dated 07.02.2024 passed in Writ A No.907 of 2024 , Rakesh Tripathi versus State of U. P. & Ors. to submit that the criteria required to be seen for regularization has been indicated therein but petitioner's regularization has been rejected on criteria which is not coming within the aforesaid scope.

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It is submitted that earlier petitioner had filed Writ A No.9686 of 2023 in which Division Bench of this Court vide order dated 24.01.2024 has provided interim protection in terms of Section 18 of the Act of 1982. It is submitted that petitioner is also a party in the aforesaid writ petition.

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Prima facie, submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.

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List this case on 29.04.2024.

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Until further orders of this Court, operation of impugned order dated 06.02.2024 shall remain stayed and the opposite parties shall ensure payment salary to petitioner on the post of Lecturer (Hindi).

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Order Date :- 28.3.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 7 Others

Case brief

What is this about?

What did the court decide?

Brijesh Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 7 Others

Case brief

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What did the court decide?

What the court decided

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