Citation : 2022 Latest Caselaw 9433 ALL
Judgement Date : 5 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 11006 of 2022 Petitioner :- Santosh Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar,Amardeo Singh Counsel for Respondent :- C.S.C.,Durga Singh,Pranesh Dutt Tripathi Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner, learned State Counsel for respondents 1 and 3 and Mr. Durga Singh learned counsel for respondent No.2 while notices on behalf of respondent No.4 have been accepted by Mr. P.D. Tripathi.
Petition has been filed quashing of the orders dated 30th June, 2020, 14th July, 2020 and 28th January, 2021 pertaining to termination of services of petitioner holding the post of part time teacher in the subject of Mathematics in Kastoorba Gandhi Awasiya Balika Vidyalaya, Richha (Damkhoda), Bareilly. Further prayer for payment of arrears of salary with effect from 28th January, 2021 has also been made along with interest.
Learned counsel for parties admit that the dispute in question has already been adjudicated upon by this Court vide judgment and order dated 21st December, 2021 passed in Writ A No. 9673 of 2021, Kuldeep Kumar Saxena and others versus Union of India and others pertaining to categorization of existing contractual teachers into sangat (consistent) and asangat (unconsistent) and non renewal of their term of contract. It has been submitted that the aforesaid judgment had attained finality since special appeal No. 222 of 2022 in the case of State of U.P. versus Saroj Maurya and others which was passed in one of the connected matters before coordinate Bench has already been dismissed vide judgment and order dated 18th April, 2022. As such learned counsel for parties agrees that the matter is fully covered by the aforesaid judgment.
Considering the aforesaid, the impugned orders dated 30th June, 2020, 14th July, 2020 and 28th January, 2021 are quashed and petitioner is also admissible to the benefits as indicated in the judgment and order dated 21st December, 2021 in the case of Kuldeep Kumar Saxena (supra).
Action shall be taken within a period of two months
The petition is disposed of.
Order Date :- 5.8.2022
Prabhat
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