Smt. Kaushalya Sharma & Another vs State Of U.P. & Others
2014 Latest Caselaw 7321 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 
Case :- WRIT - A No. - 53629 of 2009
 
Petitioner :- Smt. Kaushalya Sharma & Another
 
Respondent :- State Of U.P. & Others
 
Counsel for Petitioner :- A.K. Yadav,R.D. Tiwari
 
Counsel for Respondent :- C.S.C.,J.L.Patel
 

 
Hon'ble Abhinava Upadhya,J.

Heard Sri M.D. Singh "Shekhar", senior Advocate assisted by Sri Ashwani Kumar Srivastava for the petitioners and learned standing counsel for the State.

By means of this writ petition, the petitioners have come to this court for compliance of the order passed by the Director of Education (Secondary), UP, Allahabad dated 30.1.2009 with regard to the appointment and absorption of the petitioners in the institution concerned.

In the counter affidavit, the sole ground for not taking any decision pursuant to the aforesaid order of the Director is stated to be the pendency of the Special Appeal Defective No. 507 of 2007 and thereafter a regular number was allotted and became Special Appeal No. 873 of 2006,  which special appeal has now finally been decided by order dated 21.8.2012 by which it was dismissed. As such at the present moment there is no legal impediment as has been mentioned in the counter affidavit for passing final orders pursuant to the order of the Director since the special appeal now has been dismissed. As such the concerned authorities may pass final orders in accordance with law in respect of the petitioners with regard to their entitlement for absorption  and payment of salary as per Rules.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 8.10.2014/SKS