Anuj Kumar vs State Of U.P. Through Secy. Basic ...
2014 Latest Caselaw 9016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 6723 of 2014
 

 
Petitioner :- Anuj Kumar
 
Respondent :- State Of U.P. Through Secy. Basic Edu. Lko. & Ors.
 
Counsel for Petitioner :- Rajendra Singh Chauhan,Vineet Mishra
 
Counsel for Respondent :- C.S.C.,Jyoti Sikka
 

 
Hon'ble Manoj Kumar Gupta,J.

The petitioner who is working as Shiksha Mitra for last 10 years  is aggrieved by order dated 13th Oct. 2014 passed by the District Basic Education Officer, Unnao, whereby, his  contract relating to engagement of his service as Shiksha Mitra, has been cancelled. A further direction has been issued to register a first information report against him and for recovery of honorarium  paid to him so far.

The ground for determining the contract is that the post against which the petitioner was appointed, should have been filled up by a female candidate in accordance with  the government orders issued from time to time.

Learned counsel for the petitioner has placed reliance to the circular issued by the District Basic Education Officer, Unnao  dated 12-1-2004, whereby,   under clause 10, it was provided that the first post of Shiksha Mitra  has to be filled up by a candidate from reserve category as per the reservation applicable for the post of Pradhan in the concerned village. It is further provided that in case, the first post is filled up by  a male candidate as per the reservation policy, or a male candidate is  already working since before, then the second post has to be filled up by a female candidate. It is further provided that in case  female candidate is not available, such post can also be  filled up by  male candidate. It is contended that in the village, the first post was occupied by one Sant Lal, who is from reserve category and thus, second post was ordinarily meant to be filled up by female candidate. However,  the female candidate was not available and therefore, the Village Level Committee in its meeting held on 24.1.2004 resolved to fill up such post by male candidate. Pursuant thereto, the petitioner was given appointment, which also had approval of the District Level Committee. It is contended that against the show notice, entire facts   were stated by the petitioner, but  without considering the same, impugned order has been passed.

Prima facie, the contention appears to have force and the matter requires consideration after  exchange of affidavits.

Learned standing counsel  has accepted notice on behalf of respondent no. 1 and 2 and Smt. Jyoti Sikka on behalf of respondent no. 3 and 4.

Issue notice to respondent no.5. Steps to be taken within a week by registered post.

All the respondents may file their counter affidavit  within one month. The petitioner will have  2 weeks thereafter for filing rejoinder affidavit.

Considering the submissions made by learned counsel for the petitioner  and the material on record, I am of the opinion that  the petitioner has made out a prima facie case for grant of interim order.

Accordingly, operation of the impugned order dated 13th Oct. 2014 passed by  respondent no.3  shall remain stayed till the next date of listing.

(Manoj Kumar Gupta, J.)

Order Date :- 24.11.2014

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