Court No. - 18
Case :- WRIT - A No. - 8704 of 2018 Petitioner :- Anuj Kumar Respondent :- Basic Shiksha Parishad U.P. Allahabad And Another Counsel for Petitioner :- Himanshu Kumar,Ravi Shankar Prasad Counsel for Respondent :- Bhupendra Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ravi Shankar Prasad, learned counsel for the petitioner and Shri Bhupendra Kumar Yadav, learned counsel for the respondents.
The petitioner is before this Court assailing the impugned order dated 13.10.2017 passed by the second respondent, District Basic Education Officer, Firozabad, whereby his two days' salary has been deducted and an adverse entry has been directed to be recorded in his service record, and the order dated 17.2.2018 passed by the second respondent, insofar as it directs that the petitioner will resume his duty at Primary School Garhi Hati, Block Narkhi, District Firozabad and for direction to the respondents not to interfere in his peaceful functioning as Assistant Teacher in Primary School Nagla Balua, Block Shikohabad, District Firozabad.
Learned counsel for the petitioner states that so far as deduction of his two days' salary is concerned, the same has already been withdrawn. Now, the petitioner is aggrieved with his repatriation as well as censure entry. He states that the petitioner has already filed a representation dated 5.3.2018 before the second respondent for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 5.3.2018 may be considered by the appropriate authority.
Shri Bhupendra Kumar Yadav, learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the District Basic Education Officer, Firozabad to decide the petitioner's representation in accordance with law within a period of three weeks from the date of production of a certified copy of this order before him. For a period of four weeks' from today, or till disposal of his representation, the petitioner shall not be compelled to join at the transferred place.
Order Date :- 28.3.2018 RKP