Renu Singh Gaur vs Union Ofindia And 4 Others
2022 Latest Caselaw 8565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 9285 of 2022
 

 
Petitioner :- Renu Singh Gaur
 
Respondent :- Union Ofindia And 4 Others
 
Counsel for Petitioner :- Babu Nandan Singh,Harbansh Singh
 
Counsel for Respondent :- A.S.G.I.,Kshitij Shailendra,Sudarshan Singh
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioner, Sri Sudarshan Singh, learned counsel appearing on behalf of respondent no. 1, and Sri Kshitij Shailendra, learned counsel for respondent nos. 2 to 5.

It is submitted that the petitioner was appointed as an Assistant Officer in the Multimedia Study Centre in the Institute of Correspondence Courses and Continuing Education, University of Allahabad on 01.01.1994 on honorarium of Rs.1600/- per month. The said institute of Correspondence Courses was closed with effect from academic session 2016-17. The petitioner claims that he may be adjusted against some vacant post in the University. Against this background, the petitioner has filed the present writ petition seeking following reliefs:

"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to consider the grievances of the petitioner and regularize her service as non-teaching staff in the Allahabad University Allahabad and pay the salary month to month.

ii. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner has placed reliance on a judgment of this Court passed in Writ-A No. 8594 of 2021 (Top Ram Shukla and another v. Union of India and others) dated 29.07.2021.

Sri Kshitij Shailendra, learned counsel for the respondent- University, on the basis of instructions submits that since the Institute of Correspondence Course has already been closed since 2016-17, no regularization can be made. He, however, further submits that a scheme for absorption of some similarly situated incumbents has been framed and in this regard if the petitioner approaches the Registrar of the University, respondent no. 3, by making a representation, the respondent no. 3 shall consider the claim of the petitioner and pass the appropriate order.

At this stage, learned counsel for the petitioner submits that he does not intend to press the Relief (i). He also submits that the petitioner's representation, as suggested by learned counsel for the respondent, may be directed to be considered within a stipulated time.

Considering the facts and circumstances of the case, without entering into merits, with the consent of the parties, this writ petition is disposed of with a liberty to the petitioner to approach the Registrar of the University of Allahabad, respondent no. 3, by making a representation within two weeks from today along with a certified copy of this order. In case such a representation is made, the respondent no. 3 shall consider and decide the same by passing an appropriate reasoned and speaking order in accordance with law expeditiously, preferably within a period of three months from the date of making such representation.

Order Date :- 29.7.2022

SKT/-