C/M Bhartiya Laghu Madhyamik ... vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 12159 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 2945 of 2023
 

 
Petitioner :- C/M Bhartiya Laghu Madhyamik Vidhyalay Gosaisinghpur , Thru. Its Manager Sri Navneet Mishra
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Basic Edu. Lko. And 2 Others
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.,Jaibind Singh Rathour
 

 
Hon'ble Pankaj Bhatia,J.

Heard Sri Krishna Madhav Shukla, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos.1 and 2 and Sri J.B.S. Rathour, learned counsel appearing for respondent no.3.

By means of present writ petition the petitioner as sought direction to respondent no.3 to grant permission to the petitioner to initiate recruitment to the post of "Paricharak" (Class IV) as per Rules, 1984.

It is submitted by learned counsel for the petitioner that in this regard the State Government issued Government Order dated 15.01.2021, whereby they have declared Class III and Class IV cadre as dying cadre. It is next submitted that the said Government Order was subjected to challenge before this Court in Writ - A No. 5418 of 2019, which writ petition was allowed and the said Government Order was quashed.

It is next submitted by counsel for the petitioner that there is no legal impediment in granting permission for initiating recruitment, but despite this the respondents have not passed orders on the application of the petitioner.

It is lastly submitted by counsel for the petitioner that grievance raised by the petitioner shall be substantially redressed in case respondent no. 3 is directed to consider the application of the petitioner dated 09.02.2023, and pass necessary orders thereupon.

Learned counsel for the respondents have no objection to the above prayer.

Accordingly, present writ petition is disposed of with direction to respondent no. 3 to consider and pass necessary orders on the application of the petitioner dated 09.02.2023 in accordance with law and in accordance with the judgment in the case of C/M Manorama Kanya Junior High School, Moradabad and Anr. v. State of U.P. & 2 Ors. (Writ - A No.5418 of 2019) decided on 24.09.2021, expeditiously, say within a period of six weeks from the date of production of certified copy of this order, in accordance with law.

Order Date :- 20.4.2023

nishant