Dr Lalit Kumar Mishra vs State Of U.P. Thru Secretary ...
2023 Latest Caselaw 20485 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:51159
 

 
Court No. - 5
 

 
Case :- WRIT - A No. - 595 of 2005
 

 
Petitioner :- Dr Lalit Kumar Mishra
 
Respondent :- State Of U.P. Thru Secretary Secondary Education And 3 Ors
 
Counsel for Petitioner :- H G S Parihar,Meenakshi Singh Parihar
 
Counsel for Respondent :- C S C
 

 
Hon'ble Irshad Ali,J.

1. Heard Ms. Meenakshi Singh Parihar, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.

2. While entertaining the writ petition, interim order was granted vide order dated 28.1.2005, operative portion is being quoted below:

"Accordingly, the opposite parties are directed to pay salary to the petitioner with effect from 1.1.2005 and continue to pay the same every month. This order shall be operative if the petitioner is discharging duties functions and responsibilities of the post. This arrangement shall continue till a duly selected candidate by the concerned Selection Board joins the post held by the petitioner in the institution."

3. Controversy involved in the present writ petition was engaging attention of the Division Bench of this Court. Thereafter, the matter was referred to the Larger Bench in Writ Petition No.655 of 2014 titled 'Abhishek Tripathi v. State of U.P. though Secy. Secondary Education, Lko. & Ors., which was decided vide order dated 17.12.2015 with the direction that the Committee of Management has no right to make appointment, therefore all appointments were held to be illegal.

4. The matter went up to the Hon'ble Supreme Court in Civil Appeal No.8300 of 2016 titled 'Sanjay Singh and others v. State of U.P. and others' wherein by means of a judgment the Hon'ble Supreme Court resolved that by enforcing special right fresh selection proceeding be initiated by giving weightage to the teachers appointed under Section 16-E(11) or on ad hoc basis. In pursuance to the direction issued by the Hon'ble Supreme Court, special right proceedings were initiated and selections were made by inviting applications from candidates who were parties to the litigation. The result of the same has been declared and selection proceedings have been completed and report in this regard has also been submitted before Hon'ble Supreme Court.

5. In view of the above, this writ petition is finally disposed of with the direction to the respondents that the teachers/ lecturers who are at present the TGTs and lecturers would continue to be so employed till a regularly selected candidate is appointed and to the extent the financial benefits are given by the State Government to the institutions against appointments made in compliance with Section 11-E(11) of the Act, the same will also be given to provide succour to the TGT/ lecturers.

Order Date :- 3.8.2023

Gautam