Vijay Shanker Pandey vs State Of U.P. And 4 Ors.
2015 Latest Caselaw 225 ALL

Citation : 2015 Latest Caselaw 225 ALL
Judgement Date : 29 April, 2015

Allahabad High Court

Vijay Shanker Pandey vs State Of U.P. And 4 Ors. on 29 April, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - A No. - 23184 of 2015
 
Petitioner :- Vijay Shanker Pandey
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Gaurav Kumar Chand,Radha Kant Ojha
 
Counsel for Respondent :- C.S.C.,R.M. Vishwakarma
 
Hon'ble Yashwant Varma,J.

Short Counter Affidavit filed today in Court is taken on record.

Heard Sri R.K. Ojha, learned Senior Counsel in support of this petition, Sri G.K. Singh, learned Senior Counsel assisted by Sri R.M. Vishwakarma has appeared for the respondent No. 4 and the learned Standing Counsel for the respondents 1 and 2.

Issue notice to respondents 3 and 5 returnable within four weeks.

Having heard learned counsel for parties, this Court finds that the District Inspector of Schools in terms of the impugned order has interfered with the functioning of the petitioner who was working as Head Clerk right from 2013. The respondent No. 4 came to be adjusted as Peon pursuant to the order passed by the Division Bench of this Court on 24th September, 2010. Despite the aforesaid judgment prima facie it appears that in order to adjust the respondent No. 5, the impugned order has come to be passed thus disturbing the entire staff structure in the institution. The matter requires consideration.

All the noticed respondents shall file their Affidavits on this petition within the aforementioned period. This matter be posted before the appropriate Court on the expiry of 6 weeks from today and shall not be treated as part-heard or tied-up to this Bench.

In the meanwhile and until further orders of this Court, the operation of the impugned order dated 26th March, 2015, shall remain stayed.

It is made clear that the petitioner and the respondent No. 4 shall continue to be paid salaries commensurate to their posts in question and which was being drawn by them prior to the passing of the impugned order in the meanwhile.

Order Date :- 29.4.2015/Arun K. Singh