Citation : 2024 Latest Caselaw 20334 ALL
Judgement Date : 31 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:42214 Court No. - 20 Case :- WRIT - A No. - 4629 of 2024 Petitioner :- Nisha Kant Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko. And 5 Others Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J.
1. Learned counsel for the petitioner submits that the identical controversy has already been settled vide judgment and order dated 31.05.2024 passed in writ petition no. 8437/SS/2023.
2. Learned counsel for the State has no objection to the contention aforesaid.
3. In view of the above, impugned order dated 27.01.2024 is hereby quashed.
4. The writ petition is allowed accordingly.
5. Matter is relegated back to the Regional Level Committee concerned to pass order afresh within a period of three months, after calling the records from the committee of management as well as the District Inspector of School concerned and subsequently verifying those records and consulting with the committee of management, and while affording opportunity of hearing to the teacher concerned, if so required. The scheme provided under Section 33-G of the Act, 1982 shall strictly be adhered to, keeping in view of the requirement of procedure to be adopted by the Committee so constituted.
6. In addition, it is further provided that the petitioner of the writ petition is entitled to continue in service and shall be paid salary without any further break, if he has not attained the age of superannuation. It is further directed that the petitioner as well as the manager of the committee of management shall ensure their presence and would co-operate with the Regional Level Committee, as and when required.
Order Date :- 31.5.2024
Mayank
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