Jitendra Kumar Yadav vs State Of ...
2021 Latest Caselaw 14 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 25978 of 2020
 

 
Petitioner :- Jitendra Kumar Yadav
 
Respondent :- State Of U.P.Thru.Secy.Secondary Edu. & Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Ajay Pratap Singh, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 3. In view of the order proposed to be passed in this petition, notice to opposite party no.4 stands dispensed with.

Petition has been filed seeking the following main reliefs:-

(i) issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned Government Order dated 6.1.2011 as well as G.O. dated 4.09.2013 issued by State Government as contained in Annexure no.1 and 2 to the writ petition.

(ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties especially opposite party no.3, i.e. District Inspector of Schools, Basti to take a decision on the recommendation dated 25.6.2017 submitted by Principal of the Institution (contained in Annexure No.5 to the writ petition) regarding the approval of appointment of petitioner on the Class IV post in Sri Desh Raj Narang Daya Nand Inter College, Govind Nagar, Walterganj, Basti as early as possible.

(iii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to make payment of salary to petitioner on the Class IV post regularly each and every month along with arrears of salary.

Learned counsel for petitioner submits that he is not pressing prayer no.1.

It has been agreed between the parties that case of the petitioner is covered by the order passed by this Court in Writ Petition No.16936 (S/S) of 2020:Amit Kumar Singh and others v. State of U.P. and others. This Court had disposed of the said writ petition by order dated 14.10.2020, which is being quoted herein below:-

"Heard.

Right, if any, of petitioners for approval of their appointment will depend upon outcome of Special Leave Petition (C) No. 19704 of 2019 filed by the State against judgment dated 19.11.2018 rendered in Writ - C No. 45060 of 2015.

By an interim order the Supreme Court has stayed operation of said judgment of Writ Court by which the provision of appointment by out sourcing was quashed. Unless the said judgment of Writ Court is upheld petitioners' right could not accrue, therefore, leaving it open for petitioners to approach this Court after a decision by the Supreme Court in the aforesaid SLP, this writ petition is disposed of in the aforesaid terms."

This petition is disposed of on the same terms as Writ Petition No.16936 (S/S) of 2020, leaving it open for petitioner to approach this Court again if circumstances so arise.

Order Date :- 4.1.2021

kvg/-