Court No. - 4
Case :- WRIT - A No. - 24770 of 2018 Petitioner :- Arshad Jamal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Yatindra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The grievance of the petitioner is that once the seniority list and promotion order has come to be stayed by this Court in Writ-A No. 44605 of 2015 in the case of Bharat Singh v. State of U.P. and 4 others and the petitioner was promoted on the basis of the said list that has now come to be stayed by this Court in the aforesaid writ petition, the petitioner could not have been given posting under the impugned order in Upper Primary School and in any event no disciplinary proceedings can be instituted against him as it could also be overreaching the interim protection passed by this Court.
In view of the above and since the petitioner has already represented his matter before the District Inspector of Schools on 2nd August, 2018, in the opinion of the Court, at the first instance, the matter should be examined by the 2nd respondent and, therefore, it is directed that he shall consider the grievance of the petitioner strictly in accordance with law and shall pass a reasoned and speaking order within a period of six weeks from the date of production of certified copy of this order.
However, it is made clear that 2nd part of the impugned order as far as the disciplinary proceeding is concerned, no such action shall be taken against the petitioner till the decision is taken in the matter as directed hereinabove.
The writ petition stands disposed of with the aforesaid observations/ directions.
Order Date :- 26.11.2018 Atmesh