Allahabad High Court
Om Prakash Singh vs State Of U.P. Thru. Prin. Secy. ... on 23 January, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 525 of 2023
Petitioner :- Om Prakash Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And Others
Counsel for Petitioner :- Ajay Pratap Singh,Ram Krishna Pratap Singh,Shailendra Kumar Dubey
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Present petition has been filed with the following prayers:
"(I) Issue a writ, order or direction in nature of MANDAMUS commanding the Opposite Parties to regularize the services of the petitioner on the post of Assistant Teacher L.T. Grade in the institution viz. D.A.V. Inter College, Nawabganj, Gonda under section 33-G of U.P. Secondary Education Service Selection Board, Act, 1982, expeditiously as early as possible.
(II) Issue a writ, order or direction in nature of MANDAMUS commanding the Opposite Parties specially to the Opposite Party No.3 to Joint Director of Education, Devi Patan Division, Shiksha Bhawan Ayodhya to take appropriate action on the recommendation made by the District Inspector of Schools, Gonda regarding the regularization of the services of the petitioner to the post of Assistant Teacher L.T. Grade in the institution viz. D.A.V. Inter College, Nawabganj, Gonda under section 33-G of U.P. Secondary Education Service Selection Board, Act, 1982, expeditiously as early as possible within period of 2 weeks, in the interest of justice.
(III) Issue a writ, order or direction in nature of MANDAMUS commanding the Opposite Parties specially to the District Inspector of Schools, Gonda i.e. Opposite party no. 5 to make payment of salary to the petitioner regularly each and every month including the arrears of the salary w.e.f. July 2022, in the interest of justice.
......."
Contention of learned counsel for the petitioner is that despite the petitioner being entitled for consideration for regularization under Section 33G of the U.P. Secondary Education (Services Selection Board) Act, 1982, no steps are being taken for according consideration to the application of the petitioner, as such, the present petition has been filed.
It is further argued that the respondents have stopped paying the salary on the ground that the case of the petitioner would be covered by the judgment of the Hon'ble Supreme Court in the case of Sanjay Singh & Ors. v. State of U.P. & Ors.; Civil Appeal No.8300 of 2016 decided on 26.8.2020.
Learned counsel for the petitioner draws my attention to an order passed by this Court in Writ - A No.7931 of 2020 wherein this Court had the occasion to consider the import of the judgment in the case of Sanjay Singh (supra) and a further judgment of this Court in the case of Dinesh Singh v. State of U.P. & Ors.; Special Appeal No.458 of 2022 Dated 2.11.2022, and the Court had issued directions for payment of salary pending consideration of application for regularization under Section 33G.
Learned Standing Counsel has drawn my attention to an order passed by the Hon'ble Supreme Court on 07.12.2021 in Miscellaneous Application No.818 of 2021 filed in Civil Appeal No.8300 of 2016. The said application was filed at the instance of the persons who are covered by the judgment with the case of Sanjay Singh (supra) and certain orders were passed by the Hon'ble Supreme Court in exercise of powers under Article 142 of the Constitution of India.
I have already held that the case of the persons whose applications are pending consideration under Section 33C and 33G are not affected by the judgment in the case of Sanjay Singh (supra), as such, I do not see any reason why the petitioner would not be paid the salary during pendency of the consideration of the application under Section 33G. Thus, following the order passed in Writ - A No.7931 of 2020 dated 10.1.2023, directions are issued to pay the salary to the petitioner in accordance with law.
The application of the petitioner for regularization shall be considered and disposed off before 31.3.2023.
The petition is disposed off in above terms.
This order has been passed in the presence of Shri R.K. Suryavanshi, learned counsel appearing for respondent no.6.
Order Date :- 23.1.2023
nishant
