Allahabad High Court
Kanhaiya Lal vs State Of U.P. And 4 Others on 4 February, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - A No. - 1659 of 2021
Petitioner :- Kanhaiya Lal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Ujjawal Satsangi,Anand Bhaskar Srivastava
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 3 & 4 and Sri K.K. Chand, learned counsel for respondent No.4.
The petitioner has preferred the present writ petition with the following prayer:-
"(i) Issue an appropriate writ, order or direction the respondent to fix the pay scale of the petitioner in accordance with the pay scale of teachers appointed since 17.02.2012."
It is argued that though the petitioner was permitted to join duty pursuant to the judgement and order dated 03.08.2018 passed in Writ A No.45502 of 2016. The aforesaid writ petition was allowed with the direction that such appointments shall relate back to date of final selection and appointment of earlier selected candidates only for the purpose of continuity in service for fixation of Pay Scale and for treating their services as qualified service for pension, and such appointments shall not in any manner disturb seniority of candidates already selected and appointed. The relevant paragraphs of the aforesaid judgment is quoted below:-
"26.Such appointments shall relate back to date of final selection and appointment of earlier selected candidates only for the purpose of continuity in service for fixation of Pay Scale and for treating their services as qualified service for pension, and such appointments shall not in any manner disturb seniority of candidates already selected and appointed.
27. The petitioners herein shall be given appointments within a period of three months by the Selection Board. If need be then supernumerary posts be created for the petitioners by the Government. "
In this view of the matter counsel for the petitioner argued that the petitioner is entitled for fixation of the pay scale as par with the teacher appointed in the year 2012. It is argued that in this regard representation has already been submitted by the petitioner before the District Inspector of Schools Sambhal/respondent No.3 on 18.08.2020, copy of which is appended as Annexure No.11 to the writ petition but till date no decision has been taken on the same.
Heard learned counsel for the parties. With the consent of learned counsel for the parties, the present writ petition is disposed of finally disposed of permitting the petitioner to make a detailed representation ventilating all his grievances before the respondent No.3/District Inspector of Schools Sambhal along with copy of the self attested computer generated copy of this order downloaded from the official website of High Court Allahabad within a period of three weeks from today. If such a representation is filed, the respondent No.3 will pass appropriate orders strictly in accordance with law expeditiously and most preferably within a period of three months from the date of submitting of representation before him.
Order Date :- 4.2.2021
saqlain
