Dr. Preetam Singh And Another vs State Of U.P. Thru Secy. And 4 ...
2014 Latest Caselaw 2883 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 34979 of 2014
 

 
Petitioner :- Dr. Preetam Singh And Another
 
Respondent :- State Of U.P. Thru Secy. And 4 Others
 
Counsel for Petitioner :- S.K. Shukla,Kulveer Singh
 
Counsel for Respondent :- C.S.C.,Archana Singh
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Rajan Roy,J.

Petitioners were appointed as lecturer on honourarium basis under the Government Order dated 7.4.1998. Subsequently in the year 2006 by way of amendment Section 31(E) was inserted in the relevant Act providing provision for absorption/regulation of such honourarium lecturers.In the meantime in view of the judgment of this court given  in Writ Petition No. 25235 of 2014 services of the petitioners have been terminated by means of impugned order dated 1.6.2014.

Contention of Sri Ashok Khare, learned Senior Advocate assisted by Sri S.K. Shukla is that in fact prior to issuance of termination order petitioners became entitled to be considered for absorption/regularisation under Section 31 (E) and therefore termination of their services is not sustainable.

Considering the facts and circumstances of the case we stay operation of the order of termination dated 1.6.2014 and further directs the competent authority (Director Higher Education)  to consider the case of the petitioners for regularization in the light of the provisions of Section 31 (E) and pronouncement of this court  in case of Anurag Tripathi and others Vs. State of U.P. and others reported in (2008) 2 UPLBEC 1979.

Decision so taken shall be placed before this court on the next date.

Issue notice to respondent no. 4 and 5. Steps will be taken within a week.

Counter affidavit may be filed by the next date.

List this petition immediately after service.

Order Date :- 10.7.2014

M.A.A.

(Rajan Roy, J.)       (S.K. Singh, J.)