Citation : 2015 Latest Caselaw 3841 ALL
Judgement Date : 3 November, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- SERVICE SINGLE No. - 5284 of 2006 Petitioner :- Sugandh Pandey [Objection Filed] Respondent :- State Of U.P. Thru Secretary Secondary Education & 5 Ors Counsel for Petitioner :- Sanjay Misra Counsel for Respondent :- C S C,Anil K Singh,H S Jain,Seraj Ahmad Khan Hon'ble Dr. Devendra Kumar Arora,J.
This matter is of the year 2006, but till date no counter affidavit has been filed.
By means of the present petition, the petitioner has challenged the Panel and select list dated 24.12.2005 issued by Joint Director Secondary Education, IX, Region, Faizabad, so far as it relates to the post of Lecturer in English and subsequent letter issued by the District Inspector of Schools dated 8.5.2006 in favour of opposite party no. 6.
From the record, it comes out that this Court by means of the order dated 14.6.2006 provided that till the next date of listing, the petitioner shall be allowed to continue on the post held by him in the concerned institution and shall not be replaced by any other newly appointed teacher allocated by the District Inspector of Schools or other authorities of the Education Department and the opposite parties were further directed to pay salary to the petitioner for the post as the duties, functions and responsibilities of the post are being discharged by him.
It appears that due to collusion of authorities of education department, no counter affidavit has been filed. Learned Standing Counsel submits that last letter was sent on 18.9.2015 to all the opposite parties of the writ petition, but no one has contacted.
Taking serious view of the matter, Secretary, Secondary Education, Government of U.P. is directed to enquire into the matter and file his personal affidavit indicating therein as who is responsible for not filing counter affidavit in the instant writ petition for such a long time and after fact finding enquiry, the action, if necessary, be taken against the said concerned person.
List this case on 26.11.2015.
Order Date :- 3.11.2015
Arvind
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