Rajesh Tiwari S/O Lallu Prasad ... vs Smt. Kanchan W/O Vijai Kumar ...
2014 Latest Caselaw 6265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SPECIAL APPEAL No. - 202 of 2010
 

 
Appellant :- Rajesh Tiwari S/O Lallu Prasad Tiwari ( S/S 4924/2008 )
 
Respondent :- Smt. Kanchan W/O Vijai Kumar Tiwari
 
Counsel for Appellant :- O.P. Srivastava,Virendra Kumar Dubey
 
Counsel for Respondent :- C.S.C.,B.R. Singh,Jyotinjay Verma,Kaushlendra Yadav,Manish Kumar,Prabhakar Tiwari,R.P. Verma,Sudhir Kumar,Virendra Kumar Shukla
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble Mahendra Dayal,J.

Heard learned counsel for the parties.

With the consent of the parties' counsel the instant appeal is being decided at the admission stage itself.

In pursuance to the advertisement published for engagement of Shiksha Mitra for Vikas Khand Jahangeerganj, District Ambedkar Nagar, appellant as well as respondent no.1 along with others, had submitted application.  After scrutiny of the application and recommendation of Selection Committee, appellant was placed at serial no.1 and respondent no.1 at serial no.5.  The appellant being at serial no.1 was offered and he started the duties and functioning on the post of Shiksha Mitra.  Subsequently a complaint has been preferred by the respondent no.1  and on enquiry the averment was found to be genuine, and as such, the complaint so preferred was rejected. Being aggrieved by the order of rejection, the respondent no.1 preferred a writ petition which was numbered as Writ Petition No. 4105(SS) of 2006 in this Court, which was finally disposed of by order dated 11.5.2006, with the direction to decide the writ petition taking the same as representation after giving opportunity of hearing  to all concern.

The Basic Shiksha Adhikari, Ambedkar Nagar decided the representation on 3.8.2006, in compliance of the order of this Court dated 11.5.2006 and the allegations of the respondent no.1 were found incorrect and baseless. Being aggrieved thereof the respondent no.1 filed another writ petition which was numbered as Writ Petition No. 4924 (S/S) of 2008 and in the said writ petition this Court vide judgment and order dated 26.3.2010, directed the Basic Shiksha Adhikari to look into the matter in regard to the validity of the appointment of the appellant after hearing the appellant and the respondent no.1 and various reports submitted from time to time within a period of six weeks. The said order was assailed in the instant appeal.

Considering the peculiar facts and circumstances of the case, we are of the view that there is no illegality and infirmity in the order so passed by the Hon'ble Single Judge.

The special appeal is dismissed.

Order Date :- 10.9.2014

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