Shiv Mangal Ram vs State Of U.P. And 3 Others
2023 Latest Caselaw 8962 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 40786 of 2015
 

 
Petitioner :- Shiv Mangal Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- L.P. Singh,Gopal Ji Rai
 
Counsel for Respondent :- C.S.C.,Prem Shankar
 

 
Hon'ble Vivek Chaudhary,J.

Petitioner has approached this Court challenging the order dated 24.03.2015 whereby the Committee has rejected their case for regularization under section 33 B (a) (iii) of U.P. Secondary Education Services Selection Board Act 1982. The sole ground on which the application is rejected is that there is a C.B.C.I.D. case pending against the petitioner and departmental proceedings on the ground that appointment of petitioner and large number of persons is fraudulently made. Earlier petitioners have filed a Writ-A No.8278 of 1997 before this Court for payment of their salaries, as the same was not being paid by the department. The said writ petition was allowed by judgment and order dated 27.02.2004. The said order does not contain any allegation with regard to any severe inquiry.

Learned counsel for petitioner submits that till date neither any departmental proceedings are initiated against the petitioner or other similarly situated persons nor against any departmental personnel in collusion of whom petitioner work.

Learned standing counsel also could not dispute that till date no departmental proceedings are initiated against any person.

In the said background, learned counsel for petitioner states that petitioner's claim for regularization cannot be kept pending merely because a criminal case is pending, more so in the background when the respondents have not taken any departmental proceedings with regard any person against whom allegations are made.

I have heard learned counsel for the parties.

In the given facts and circumstances of the case, it is found appropriate that the Committee may consider the case of petitioner on merits for regularization in accordance with law. In case petitioner is found fit for regularization, the same shall be subject to the final orders passed in the C.B.C.I.D. Case No.205 of 2005 as well as the departmental proceedings taken by the respondents with regard to petitioner.

Thus, impugned order dated 24.03.2015 cannot stand and is set aside.

The Committee headed by Joint Director of Education, Azamgarh Region, Azamgarh is directed to consider and decide the case of the petitioner for regularization within a period of four months from the date a certified copy of this order is placed before him.

With the aforesaid directions, writ petition is allowed.

.

[Vivek Chaudhary J.]

Order Date :- 27.3.2023

-Amit K-