Virendra Kumar Tiwari vs State Of U.P.Through Prin Secy ...
2013 Latest Caselaw 237 ALL

Citation : 2013 Latest Caselaw 237 ALL
Judgement Date : 3 April, 2013

Allahabad High Court

Virendra Kumar Tiwari vs State Of U.P.Through Prin Secy ... on 3 April, 2013

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 7303 of 2008
 

 
Petitioner :- Virendra Kumar Tiwari
 
Respondent :- State Of U.P.Through Prin Secy Education Civil Sectt..
 
Petitioner Counsel :- H S Tiwari
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

The dispute in the present writ petition is as to whether the petitioner was actually appointed as Assistant Lecturer in Swami Brahmanand Awadh Sanskrit Madhyamik Vidyalaya Tiwaripur, Kasthunipurab, District Sultanpur.

The submission of learned counsel for the petitioner is that pursuant to the direction of this Court contained in the judgment and order dated 26.9.2007 passed in writ petition no.5092 (SS) of 2007, the petitioner's representation has been rejected holding that he was not appointed and working but as regards the other appointments made by the Manager of the institution, which were specifically required to be investigated, no inquiry or investigation has been done and no finding has been returned. It is further submitted that the material adduced by the petitioner to show that he was actually functioning namely the appointment letter the marksheets issued to the students bearing his signature, assignment of invigilation duty to the petitioner and affidavit of the members of the committee of management have not been considered in passing the impugned order.

Learned standing counsel appearing for the respondents no. 1 to 5 is directed to file counter affidavit within a month specifically stating the compliance of the second part of the judgment and order dated 26.9.2007 passed by this Court and clarifying as to whether the documents relied upon by the petitioner were before the authority concerned and if so, why they have been ignored.

Rejoinder affidavit within two weeks thereafter.

Issue notice to the respondent nos. 6 and 7 returnable within weeks.

List after six weeks.

Order Date :- 3.4.2013

R.U.