Allahabad High Court
Arvind Kumar Prajapati vs State Of Up Thru. Its Secy. ... on 27 April, 2022
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 1934 of 2022
Petitioner :- Arvind Kumar Prajapati
Respondent :- State Of Up Thru. Its Secy. (Secondary Education) Up Lko And 4 Others
Counsel for Petitioner :- Shiv Pal Singh
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
Hon'ble Rajan Roy,J.
None has put in appearance on behalf of the Committee of Management inspite of service by Dasti Notice.
On 05-04-2022, the following order was passed in this case :-
"Heard.
After the judgment in Sanjay Singh's case and the consequential selection held in pursuance to advertisement no. 01/2021 and 02/2021 the result of which has already been declared sometimes in October, 2021, if the ad-hoc teacher had applied and was considered for selection but did not succeed or he did not apply, in either eventuality, he will not have any right to continue as ad-hoc teacher, therefore, the objection that the post is not vacant in the opposite party no. 5 institution appears to be misconceived prima facie and the Board rightly appears to have rejected the request of the D.I.O.S. for adjustment. In fact, it is for the D.I.O.S., Sultanpur to explain as to under what circumstances he recommended the matter to the Board for adjustment of the petitioner elsewhere. Let him explain before the Court by the next date. The Joint Director, Education, Ayodhya region shall also look into the matter so that the rights of the petitioner are not frustrated illegally.
List/Put up this case on 13.04.2022 as fresh.
Issue Dasti notice to the petitioner for service upon opposite party no. 5.
Pendency of this petition shall not come in the way of the opposite parties in rectifying the error on their part, if they so choose."
On 13-04-2022, the following order was passed in this case :-
"Affidavit of service has been filed. It is taken on record.
List this case on 19.4.2022 as fresh.
Learned Additional Chief Standing Counsel to seek fresh instructions from D.I.O.S. as to joining of petitioner.
The D.I.O.S. shall inform the College about these proceedings and orders passed herein."
Thereafter, on 19-04-2022, the following order was passed in this case :-
"Heard.
Sri Vivek Shukla, Add. C.S.C.informs the court on the basis of instructions from the District Inspector of Schools, Sultanpur that the ad hoc Principal is not functioning as such and another Principal is to take over charge within two or three days, therefore, joining of the petitioner shall be done within next two or three days.
List this case on 27.4.2022 as fresh.
The Addl. C.S.C. shall seek fresh instructions in the matter and apprise the court accordingly."
Ms. Jyotisna Pal Bansal, learned Standing Counsel has received instructions from the D.I.O.S., Sultanpur dated 26-04-2002 to the effect that he has passed requisite order under section17(2) of U.P. Secondary Education Services Selection Board Act,1982. Further more, the instructions are accompanied by a letter of Principal dated 26-04-2022 that the petitioner has been allowed to join on the post of Lecturer (Zoology) on 26-04-2022 in the forenoon. The said instructions are taken on record.
Nothing survives for adjudication in this petition. The writ petition is disposed of.
Needless to say that the petitioner shall be paid salary for the work done by him admissible as per rules.
Order Date :- 27.4.2022
AKS
