Indra Mani Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko and 6 Others

Allahabad HC11 Sept 2024WRIA/7724/2024

Case brief

AI extract

What is this about?

Ad hoc teachers challenged a 2023 order and sought directions for payment of regular salary with arrears under Section 16-E(11) of the Intermediate Education Act, citing Supreme Court directions in Sanjay Singh v State of U.P. Notice was issued to respondents and pleadings ordered to be exchanged.

What the court decided

AI extract

Indra Mani Pandey and Another vs State of U.P… — Service and Employment | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 7724 of 2024

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Petitioner :- Indra Mani Pandey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko And 6 Others Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh 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 petitioners, learned State Counsel for opposite party nos.1 to 4 and Mr. Himanshu Singh, Advocate holding brief of Mr. Raj Kumar Singh Suryvanshi, learned counsel for opposite party no.5.

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Issue notice to opposite party nos.6 and 7.

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Petition has been filed challenging order dated 09.11.2023 and for issuance of directions to opposite parties to pay regular salary to petitioner along with arrears.

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It is submitted that petitioners' case is covered in terms of Section 16-E (11) of the Intermediate Education Act, 1921. It is further submitted that after the recession of the Removal of Difficulties Order in the year 1999, the only provision for making ad hoc appointment was the aforesaid Section 16-E (11) of the Act after the year 2000. It is submitted that therefore petitioners' case although would be covered by judgment rendered by Hon'ble Supreme Court in the case of Sanjay Singh versus State of U.P., Civil Appeal No. 8300 of 2106 but in view of the fact that no regular selection has taken place for the post of Assistant Teachers and Lecturers in the institution concerned and no regularly selected candidate has as yet joined, petitioner would be entitled for continuance and for payment of salary on the aforesaid post in terms of directions issued by Hon'ble Supreme Court in the case of Sanjay Singh (supra).

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Connect and list this case along with Writ A No. 144 of 2024.

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Pleadings shall be exchanged in the meantime.

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Order Date :- 11.9.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Indra Mani Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko and 6 Others

Case brief

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What the court decided

Indra Mani Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko and 6 Others

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What the court decided

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