Devta Din vs State Of U.P.Through Director Of ...
2018 Latest Caselaw 3152 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 6622 of 2000
 
Petitioner :- Devta Din
 
Respondent :- State Of U.P.Through Director Of Education And 3 Ors
 
Counsel for Petitioner :- S.C.Jaiswal,P.S. Bajpai,Umesh Chandra Chatuvedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri P.S. Bajpai, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

This writ petition is of the year 2000 and no counter affidavit has been filed by the opposite parties till date.

Learned counsel for the petitioner, Sri Bajpai, has drawn attention of this Court towards para-13 (A)  to para-13 (M) of the writ petition, wherein he has categorically indicated that identically placed persons have been provided full pay-scale which is admissible for the trained teacher despite the fact that they had not completed ten years service on or before the date of Government Order, which provides that full pay-scale would be provided to the trained teacher after completion of ten years of service on 21.10.1994.

Learned counsel for the petitioner has further submitted that the petitioner has completed his ten years of service on 01.12.1994 whereas other identically placed persons have completed their ten years service in the year 1996 and 1997 respectively and one person has not even completed ten years service in a particular year, even then those persons have been given full pay-scale which is admissible for the trained teacher.

Sri Bajpai, learned counsel for the petitioner has also submitted that the opposite parties have got no explanation for this hostile discrimination.

Since the counter affidavit has not been filed till date, therefore, last opportunity is provided to the opposite parties to file counter affidavit.

Learned Standing Counsel prays for and is granted three weeks' time and no more to file counter affidavit.  Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

List this petition on 14.11.2018.  If the counter affidavit is not filed within the time stipulated, the Joint Director of Education, U.P., Lucknow and the District Inspector of Schools, Jaunpur shall appear in person along with the record to assist the Court, on the next date fixed.

Order Date :- 9.10.2018

Suresh/

[Rajesh Singh Chauhan,J.]