Citation : 2023 Latest Caselaw 2617 ALL
Judgement Date : 24 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - A No. - 623 of 2023 Petitioner :- Sadiq Respondent :- State Of U.P. Thru. Secy. Basic Education Dept. Lko. And 3 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C.,Neeraj Chaurasiya,Ran Vijay Singh Hon'ble Pankaj Bhatia,J.
Present petition has been filed with the following relief:
"(a) to issue a writ order or direction in the nature of Mandamus thereby commanding the opp.parties to appoint the petitioner on the post of Assistant Teacher (Urdu) who is duly selected candidate through counselling held in year 2017.
(b) to issue a writ order or direction in the nature of Mandamus thereby commanding the opposite party no.1. Secretary, Basic Education Department, Government of U. P. Civil Secretariat, lucknow to consider and decide the representation dated 1.12.2022 (annexure no.3.) given by the petitioner through registered post inpursuance of the order dated 9.5.2019 passed in Special Appeal Defective no.137 of 2018 Sadiq Abbas versus State of U.P.through Secretary Basic Education department,Government of UP.Lucknow and others.
....."
Contention of learned counsel for the petitioner is that the issue has been decided in Special Appeal Defective No.137 of 2018 (Sadiq Abbad v. State of U.P. & Ors.' vide order dated 9.5.2019 and the case of the petitioner should be considered in the light of the said decision.
Without going into the merits of the claim of the petitioner at this stage, the present petition is disposed off permitting the petitioner to move a fresh application before respondent no.1 who shall take a decision in the light of the judgment relied upon by the petitioner in accordance with law within a period of three months.
Order Date :- 24.1.2023
nishant
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