Ajay Kumar Sharma And 7 Others vs State Of U.P. And 2 Others
2021 Latest Caselaw 4781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 5242 of 2021
 

 
Petitioner :- Ajay Kumar Sharma And 7 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Brijendra Deo Mishra
 
Counsel for Respondent :- C.S.C.,Amit Shukla
 

 
Hon'ble Manish Kumar,J.

Heard the learned counsel for the petitioners, learned State Counsel for the respondent nos. 1 and Sri Amit Shukla,learned counsel for the respondent nos. 2 & 3.

The present writ petition has been preferred for directing the District Basic Education Officer, Pilibhit i.e. respondent no. 2 to regularize the services of the petitioners from the date of their regular appointment as per the judgment and order dated 13.12.2019 passed in Writ A No. 6717 of 2018 (Pradeep Kumar and 6 others Vs. State of U.P. and others) .

The learned counsel for the petitioner has submitted that the petitioners were initially appointed on different dated under Dying in Harness Rules on temporary basis whereas the law is settled that appointment under Dying in Harness Rules are treated to be permanent appointments.

The learned counsel for the petitioner has further submitted that the petitioners have made representation to the respondent no. 2 to decide the case of the petitioners in the light of the judgment and order dated 13.12.2019 passed in the case of Pradeep Kumar (supra) but till date the respondent no. 2 has not decided the same.

At this stage, learned counsel for the petitioners has confined his prayer to the extent that the petitioners may be given liberty to make a fresh representation to the respondent no. 2, which may be decided at earliest.

Without entering into the merit of the case and with the consent of the parties, a liberty is given to the petitioner to make a fresh representation to the respondent no. 2 within a period of two weeks and the respondent no. 2 shall decide the same within a period of six weeks from the date of receiving the representation by means of speaking and reasoned order in accordance with law and in the light of the judgment and order dated 13.12.2019 passed in the case of Pradeep Kumar (supra). The petitioner shall enclose a copy of the said judgment with the representation to be preferred by the petitioner under this order.

Order Date :- 26.3.2021

Ashish