C/M, Lok Bharti Purva Madhyamik ... vs State Of U.P. And 4 Others
2019 Latest Caselaw 246 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 23242 of 2018
 

 
Petitioner :- C/M, Lok Bharti Purva Madhyamik Vidyalaya And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Prabhakar Awasthi
 
Counsel for Respondent :- C.S.C.,Santosh Kumar
 

 
Hon'ble Prakash Padia,J.

Heard Sri Prabhakar Awasthi, learned counsel for the petitioners, learned Standing Counsel on behalf of State and Sri Rituraj Singh, learned counsel, holding brief of Sri Santosh Kumar, learned counsel for the respondents no.4 and 5.

A detailed order was passed in the present case on 15.11.2018 and thereafter on 28.11.2018. Subsequent to the same an order dated 5.12.2018 was passed by the Special Secretary, U.P. Govt., copy of which is appended as annexure no.1 to the affidavit filed by Dr. Prabhat Kumar, Additional Chief Secretary (Basic Education) Govt. of U.P., Lucknow. By the aforesaid orders directions were issued to the concerned authority to complete the process to fill up the post of clerk lying vacant in the institution in question after following the Rules and G.O. issued from time to time.

It is contended by learned counsel for the petitioner Sri Prabhakar Awasthi that inspite of the fact that the order dated 5.12.2018 was passed by the Special Secretary, U.P. Govt. but till date no consequential action whatsoever has been taken by the authority concerned for grant of prior permission to fill up the post of clerk in the institution in question.

It is contended on behalf of District Basic Education Officer that after the letter dated 5.12.2018 was written, a letter dated 11.12.2018 was written by District Basic Education Officer, Shahjahanpur, addressed to the Director of Education (Basic), U.P. at Lucknow.

It is contended by learned counsel for the petitioner Sri Prabhakar Awasthi that although directions were given by the Special Secretary, U.P. Govt., to the Director of Education (Basic) U.P. at Lucknow to complete the process of appointment in order to fill up the post of clerk till date no further orders were passed by the Director of Education (Basic) U.P. at Lucknow. At this juncture a request has been made by the learned Standing Counsel to adjourn the matter for two weeks.

List this matter on 13.3.2019 in the additional cause list. The Court hope and trust that on or before the said date the Director of Education (Basic) U.P. at Lucknow will comply with the order dated 5.12.2018 in its letter and spirit and inform the Court regarding the outcome in this regard.

Order Date :- 27.2.2019

Pramod Tripathi