State Of U.P. Thru. Secy. Secondary ... vs Virendra Kumar And Others
2024 Latest Caselaw 16851 ALL

Allahabad High Court

State Of U.P. Thru. Secy. Secondary ... vs Virendra Kumar And Others on 13 May, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36497-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 273 of 2024
 

 
Appellant :- State Of U.P. Thru. Secy. Secondary Education U.P. Govt. Civil Secrt. Lko. And Others
 
Respondent :- Virendra Kumar And Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Atul Kumar Singh Gaur
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Om Prakash Shukla,J.

(Order on C.M. Application No.1 of 2024)

1. Heard learned Chief Standing Counsel for the State-appellants and Shri Atul Kumar Singh Gaur, learned counsel for the respondents.

2. Cause shown for the delay in the affidavit filed in support of the delay condonation application has been satisfactorily explained.

3. We, accordingly, condone the delay and proceed to hear the appeal finally.

(Order on appeal)

1. Heard learned Chief Standing Counsel for the State-appellants and Shri Atul Kumar Singh Gaur, learned counsel for the respondents.

2. The prescription of higher qualification as a pre requisite for grant of promotional pay-scale by a Government Order dated 20.12.2001 was a policy matter and no such law has been cited by the Writ Court that this could not have been done. Infact, a similar judgment was passed by a Writ Court in another Civil Misc. Writ Petition No.36809 of 2008; U.P. Senior Basic Shikshak Sangh vs. State of U.P. and others, which was put to challenge in Special Appeal No.98 of 2014 decided on 03.03.2016. The said appeal of the State was allowed, however, it seems that the judgment by the Division Bench could not be placed before the Writ Court, which has merely proceeded on the premise that the basic requisite qualification for the post of Assistant Teacher being B.A. or B.S.C. another qualification for the promotional pay scale could not have been prescribed but without referring to any legal principle or pronouncement on the said subject.

3. For all the reasons, we set aside the impugned judgment. Consequently the Writ A No.4977 of 2002, out of which this Special Appeal arises, will stand restored to its original number and shall be listed before the appropriate Bench on 29.05.2024, wherein it shall be heard and decided afresh in accordance with law, keeping in mind the observations made herein above.

4. It shall be open for the parties to place before the Writ Court relevant law on the subject.

5. The appeal stands allowed.

(Om Prakash Shukla, J.) (Rajan Roy, J.)

Order Date :- 13.5.2024

Arnima