Citation : 2022 Latest Caselaw 4942 ALL
Judgement Date : 3 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- WRIT - A No. - 3637 of 2022 Petitioner :- Amalkant Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 3 Others Counsel for Petitioner :- Rama Shankar Mishra,Sandeep Kumar Shukla Counsel for Respondent :- C.S.C.,Ajay Kumar Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Sri Shashank Singh, Advocate holding brief of Sri Ajay Kumar, learned counsel for the respondents.
This petition has been filed praying for a direction to be issued to the respondents to take the petitioner as regularly appointed employee on regular pay scale.
It is the case of the petitioner that the petitioner was appointed as class-iv post under the U.P. Recruitment of Dependents of Government Servant (Dying-in-harness Rules, 1974) on a fix pay of Rs. 2250/- per month by letter dated 31.1.2005 on the death of his wife who was earlier working as Assistant Teacher in a school run by the respondents in Haddoi.
Learned counsel for the petitioner says that he has placed reliance upon a judgment of Division Bench of this Court in Ravi Karan Singh Vs. State of U.P. & others reported in 1999 (17) LCD 641 and judgment rendered by a Coordinate Bench of this Court in Service Single No. 20961 of 2019 decided on 01.08.2019. The petitioner has already made a representation to the respondents, a copy of which has been filed as Annexure 1 to the petition.
This petition is disposed of with a direction to the District Basic Education Officer, Hardoi to decide the representation of the petitioner by a reasoned and speaking order strictly in accordance with law after seeking guidance from the Finance Department in the matter.
Let representation be decided within a period of three months from the date a certified copy of this order is produced before him.
Order Date :- 3.6.2022
Arif
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