Sunil Kumar Yadav vs State Of U P Through ...
2023 Latest Caselaw 859 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 2983 of 2002
 

 
Petitioner :- Sunil Kumar Yadav
 
Respondent :- State Of U P Through Secy.Education And 4 Ors.
 
Counsel for Petitioner :- D.P.Singh,Rakesh Kumar Singh
 
Counsel for Respondent :- C.S.C.,H.S.Jain
 

 
Hon'ble Rajan Roy,J.

Heard.

This petition was filed in the year 2002 by the petitioner seeking salary of the post of Lecturer (Sanskrit) including arrears w.e.f. 01.09.2001. Vires of Sections 19 and 33-E of U.P. Secondary Education Services Selection Board Act, 1982 was also challenged, however, this prayer is not pressed by the petitioner's counsel. The only prayer which remains to be considered is claim of salary.

The petitioner claims to have been appointed under Paragraph 2(3) of Second Removal of Difficulties Order, 1981 on adhoc basis as Lecturer (Sanskrit), however, this order ceased to exist w.e.f. 25.01.1999, therefore, apparently the appointment is not traceable to the said Order 1981. In ground G a reference has been made to Section 16-E(11) of the U.P. Intermediate Education Act as provision existing even prior to Removal of Difficulties Order, 1981 and thereafter, conferring power on the Committee of Management to make appointment against short term vacancy. These issues have already been settled by Hon'ble the Apex Court in the case of Sanjay Singh and Other vs. State of U.P. and Others; Civil Appeal No. 8300 of 2016 along with bunch of similar appeals (judgment dated 26.08.2020). In pursuance to the said judgment, recruitment has already been held giving an opportunity to all those Teachers who were not regularly appointed to participate in such direct recruitment conducted by the Commission in 2021 and if the petitioner was covered by the said judgment, he must have appeared in the said recruitment. If he was not covered or not appeared, then nothing survives in this petition. Therefore, with these observations, the petition is dispose of.

[Rajan Roy, J.]

Order Date :- 9.1.2023

Santosh/-