Pramod Kumar Singh vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 3787 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4498 of 2012
 

 
Petitioner :- Pramod Kumar Singh
 
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
 
Petitioner Counsel :- Virat Anand Singh,Ishraq Farooqi,Mohammad Arif
 
Respondent Counsel :- C.S.C.,Rajiv Singh Chauhan
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that the petitioner was given appointment as Untrained Assistant Teacher under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.  Subsequently, with prospective effect government passed Uttar Pradesh Basic Education (Teachers) Service (Twelveth Amendment) Regulation, 2011, dated 09.11.2011.  The amendment is being applied retrospectively to the case of the petitioner, which is not permissible in law. 

It has been asserted that the petitioner was eligible to be appointed as Untrained Teacher at the point in time, when he was appointed and, therefore, could not have been removed, particularly without giving any opportunity of hearing to him.

Sri Rajiv Singh Chauhan, advocate, has put in appearance for respondent no.2 and undertakes to file a counter affidavit within two weeks from today.

Rejoinder affidavit, if any, be filed within one thereof.

List thereafter.

Order Date :- 28.8.2012

A.Nigam