Anita Shukla vs State of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

Anita Shukla vs State of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only; writ petition remains pending. Interim relief: till the next date of listing the petitioner is permitted to discharge duties and would be paid salary; notice to opposite party no. 5; counter affidavit within two weeks (rejoinder one week thereafter); matter listed and connected with Writ No. 3113(S/S) of 2025; interim order not to be extended without hearing and subject to final outcome of the writ petition.

Issue for consideration

Challenge to the order dated 31.1.2025 of opposite party no. 2 rejecting the petitioner's claim for regularization on the post of Assistant Teacher under section 33G of the U.P. Secondary Education Service Selection Board Act, 1982 - the subject-matter of the petition, not yet adjudicated. +1 more

Ratio / Principle

Notice to be issued to opposite party no. 5, returnable at an early date.

Key takeaways

Directions to take steps within a week.ratio¶7
Two weeks' time granted to file counter affidavit; rejoinder affidavit may be filed within one week thereafter.ratio¶14
The writ petition is to be listed and connected along with Writ No. 3113(S/S) of 2025.ratio¶15

Detailed headnote1 paragraphs

Interim order dated 25.3.2025 of Hon'ble Rajesh Singh Chauhan, J., High Court of Judicature at Allahabad, Lucknow Bench, in Writ - A No. 3176 of 2025 (Anita Shukla v. State of U.P. thru Addl. Chief Secy. Secondary Edu. Lko and others). The petitioner, appointed Assistant Teacher (L.T. Grade) pursuant to committee of management resolution and having joined on 01.01.1998 subject to regular selection, whose salary was stopped without regular selection and who held an interim order dated 15.05.1999 in Writ Petition No. 1985(S/S) of 1998 for month-to-month payment of current salary, has assailed the order dated 31.1.2025 of opposite party no. 2 rejecting regularization under section 33G of the U.P. Secondary Education Service Selection Board Act, 1982. Seeking parity with the interim protection granted vide order dated 24.3.2025 in Writ Petition No. 3113(S/S) of 2025 (which the State opposed as 'not binding'), the Court issued notice to opposite party no. 5 (steps within a week), allowed two weeks for the counter affidavit (rejoinder one week thereafter), directed the matter to be listed and connected with Writ No. 3113(S/S) of 2025, and granted interim relief permitting the petitioner to discharge duties and draw salary till the next date of listing - the interim order not to be extended without hearing the parties and expressly subject to the final outcome of the writ petition.

Court No. - 3

Case :- WRIT - A No. - 3176 of 2025

Petitioner :- Anita Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko And 4 Others Counsel for Petitioner :- Lalit Shukla Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Lalit Shukla, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. C.S.C. for the State.

Issue notice to opposite party no. 5 returnable at an early date.

Steps within a week.

Office to proceed accordingly.

By means of this petition the petitioner has assailed the order dated 31.1.2025 passed by the opposite party no. 2 rejecting the claim of the petitioner for regularization on the post of Assistant Teacher in the light of section 33G of U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as the Act).

Learned counsel for the petitioner has stated that the petitioner was initially appointed on the post of Assistant Teacher, L.T. Grade pursuant to the resolution of the committee of management of the institution in question. Pursuant to that order the petitioner submitted his joining on 01.01.1998. Learned counsel has not disputed on the fact that the aforesaid appointment was in operation subject to the regular selection being made on the post in question but without making any regular selection on the post in question the salary of the petitioner has been stopped, therefore, petitioner filed a writ petitioner before this Court bearing Writ Petition No. 1985(S/S) of 1998 wherein interim order dated 15.05.1999 has been granted to the extent that the petitioner shall be paid his current salary on the post in question on month to month basis regularly.

Learned counsel has stated that similar writ petitions are pending before this Court at Allahabad wherein the interim protection has been granted. Learned counsel has also submitted that this Court granted interim protection vide order

dated 24.3.2025 in Writ Petition No. 3113(S/S) of 2025, therefore, the benefit thereof may be extended to the present petitioner.

Sri Vivek Shukla has opposed the aforesaid interim protection by submitting that the interim order is not binding.

Sri Shukla prays for and is granted two weeks time to file counter affidavit, rejoinder affidavit may be filed in one week thereafter.

List and connect along with Writ No. 3113(S/S) of 2025.

Till the next date of listing the petitioner would be permitted to discharge the duties and would be paid his salary.

It is made clear that interim order may not be extended without hearing the learned counsel for the parties on the next date.

It is needless to say that the aforesaid interim protection shall be subject to the final outcome of the writ petition.

Order Date :- 25.3.2025 Reena/-

(Rajesh Singh Chauhan, J.)

Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench