Dinesh Kumar vs State Of U.P. Thru. Secy. Basic Edu. Lko ...
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Allahabad High Court

Dinesh Kumar vs State Of U.P. Thru. Secy. Basic Edu. Lko ... on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:38586
 
Court No. - 20
 

 
Case :- WRIT - A No. - 3946 of 2024
 

 
Petitioner :- Dinesh Kumar
 
Respondent :- State Of U.P. Thru. Secy. Basic Edu. Lko And 4 Others
 
Counsel for Petitioner :- Manoj Sahu,Revi Raghavan
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 

 
Hon'ble Shree Prakash Singh,J.
 

Heard learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State and Sri Rishabh Tripathi,learned counsel for the opposite parties no. 3 to 5.

Instant writ petition has been filed commanding the opposite parties to treat the petitioner to be a regular substantive appointee on Class IV post w.e.f. 19-11-1997 and he may be given all consequential benefits.

Contention of learned counsel for the petitioner is that the mother of the petitioner late Savitri Devi died on 12-07-1997, and thereafter, the petitioner moved an application on 07/12-11-1997 for his appointment on compassionate ground under the Dying-in-Harness Rules, 1974, but the petitioner was given appointment on consolidated salary on a Class IVth post on 19-11-1997, however he was treated as regular employee from 05-01-2004. He next added that in the identical circumstances, this court has passed an order on 18-08-2015, in Writ Petition No. 5512 (S/S) of 2014(Itwari Lal Vs. State of U.P. and Others) and the case of the present petitioner is squarely covered with the Judgment aforesaid.

On the other hand,learned counsel appearing for the opposite parties no. 3 to 5 has no objection to the contentions aforesaid.

In view of the above, the opposite party no. 3, i.e. District Basic Education Officer, Sitapur, is hereby directed to consider and decide the claim of the petitioner in the light of the Judgment and Order dated 18-08-2015 passed in Writ Petition No. 5112(S/S) of 2014 and pass an order within period of eight weeks from the date a certified copy of this order is produced before him.

Consequences shall follow as per the law and the decision taken by the opposite party no. 3.

With the aforesaid observations and directions, the writ petition is disposed of.

Order Date :- 22.5.2024

AKS