Allahabad High Court
Shubhendu Verma vs State Of U.P. Thru. Prin. Secy. ... on 15 March, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 7733 of 2019
Petitioner :- Shubhendu Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
Counsel for Petitioner :- Pawan Kumar Pandey
Counsel for Respondent :- C.S.C.,Badrish Tripathi
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Pawan Kumar Pandey, learned counsel for the petitioner.
Notices on behalf of opposite party Nos.1, 2 & 3 have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the order dated 05.01.2019 passed by the District Inspector of Schools, Ayodhya withdrawing its earlier approval order dated 23.12.2011, which was accorded on persuasion of the opposite party No.4 i.e. the Committee of Management, Jan Samaj Vidyapeeth Inter College, Digambarpur, Ayodhya (here-in-after referred to as the "Institution").
Learned counsel for the petitioner has submitted that since the authority concerned i.e. the District Inspector of Schools, Ayodhya has already given approval on the promotion of the petitioner on 23.12.2011, therefore, the order dated 05.01.2019 could have not been issued without affording an opportunity of hearing to the petitioner, as it affects the civil consequences of the petitioner.
Per contra, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has submitted that since the approval from the then District Inspector of Schools was sought concealing the relevant material, therefore, the present District Inspector of Schools may not be restrained to withdraw the earlier approval order which has been sought on the basis of concealment.
Learned counsel for the petitioner has also submitted that the impugned order dated 05.01.2019 has yet not been executed and the petitioner is still working on the post of Head Clerk, promotional post, with effect from the date of earlier approval.
Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition in the week commencing 15.04.2019 as fresh along with Writ Petition No.5974 (S/S) of 2007 and Writ Petition No.7224 (S/S) of 2006.
Till the next date of listing, no coercive action shall be taken against the petitioner pursuant to the order dated 05.01.2019, as contained in Annexure No.1 to the writ petition, and the petitioner shall be permitted to discharge his duties as Head Clerk in the Institution and he shall be paid his regular salary.
It is made clear that the aforesaid interim order shall not be extended on the next date if learned counsel for the petitioner seeks unnecessary adjournment.
Order Date :- 15.3.2019
Suresh/
[Rajesh Singh Chauhan,J.]
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(C.M. Application No.Nil of 2019)
In Re:-
Case :- SERVICE SINGLE No. - 7733 of 2019
Petitioner :- Shubhendu Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
Counsel for Petitioner :- Pawan Kumar Pandey
Counsel for Respondent :- C.S.C.,Badrish Tripathi
Hon'ble Rajesh Singh Chauhan,J.
Sri Badrish Kumar Tripathi, learned counsel has filed impleadment application, today in the Court, seeking impleadment of one Sri Suresh Kumar (Caveator), who is serving on the post of Class-IV in the Institution in question.
The submission of Sri Badrish Kumar Tripathi, learned counsel for the applicant is that Sri Suresh Kumar should have been promoted on Class-III post and the promotion of the petitioner has been made illegally.
It appears that Sri Suresh Kumar, who is a caveator, is an affected party, therefore, the application for impleadment is allowed.
Let Sri Suresh Kumar be impleaded in the array of opposite parties as opposite party No.5, during the course of day.
Office is directed to get the impleadment application numbered.
Order Date :- 15.3.2019
Suresh/
[Rajesh Singh Chauhan,J.]
