Allahabad High Court
Abhishek Singh vs State Of U.P.Thru.Secy. ... on 25 March, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 8608 of 2021
Petitioner :- Abhishek Singh
Respondent :- State Of U.P.Thru.Secy. Secondary Education & Ors.
Counsel for Petitioner :- Ajay Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
1. Heard Mr. Ajay Pratap Singh, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 3.
2. In view of the order proposed to be passed in this petition, notice to opposite party no.4 stands dispensed with.
3. The 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 04.09.2013 issued by State Government as contained in Annexure No.1 and 2 to the writ petition respectively.
(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, Sant Kabir Nagar to take a decision on the recommendation dated 07.01.2021 submitted by Principal of the Institution (contained in Annexure No.6 to the writ petition) regarding the approval of appointment of petitioner on the Class IV post in Sri Sardar Patel Inter College, Bhadauh, District Sant Kabir Nagar 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, interest of justice.
4. Learned counsel for petitioner submits that he is not pressing prayer no.1.
5. 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."
6. 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 :- 25.3.2021
Adarsh K Singh
