Court No. - 3
Case :- WRIT - A No. - 17662 of 2019 Petitioner :- Arun Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Shri. Ashok Khare Sr. Advocate Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Saral Srivastava,J.
Heard Sri Ashok Khare learned Senior Counsel assisted by Sri Siddharth Khare learned counsel for the petitioner and Sri Vikram Bahadur Singh, learned counsel for Respondent No.4.
The petitioner has been appointed as Assistant Teacher in Junior Basic School of District Etawah vide order dated 5.9.2018. Pursuant to the said letter the petitioner joined in the aforesaid school. However, the salary of the petitioner was not paid. Respondent No. 4, District Basic Shiksha Adhikari, Etawah issued a show cause notice to the petitioner dated 27.6.2019 calling upon him to show cause as to why his services be not terminated on the ground the petitioner is a resident of State of Madhya Pradesh whereas as per clause No.2 of the Guidelines dated 19th August, 2018, the candidate shall be resident of State of U.P. for five years before filling the form, and thus the petitioner was not eligible for selection and appointment.
Learned counsel for the petitioner submits that Clause No.2 of the Guideline dated 19th August, 2018 has been struck down by this Court in a Bunch of Petitions in which the leading one was Writ A No. 4714 of 2019 vide order dated 8.5.2019 and the said judgment has attained finality.
It appears from the record that in compliance of the aforesaid judgment dated 8.5.2019, the Secretary U.P. Basic Shiksha Parishad, Prayagraj issued a circular letter dated 20.6.2019 to all the Basic Shiksha Adhikari of the State of U.P. for compliance of the aforesaid judgment.
Learned counsel for the Respondent could not dispute the fact that Clause No.2 of the Guidelines dated 19th August, 2019 has been struck down by this Court by the Judgment Dated 8th May, 2019 passed in Writ A No. 4714 of 2019, and pursuant to the said judgment, a circular dated 20.6.2019 has been issued by the Secretary U.P. Basic Shiksha Parishad, Prayagraj to all the Basic Shiksha Adhikari of State of U.P. to comply with the judgment and follow the Government Order dated 7.6.2019.
Since this Court has struck down the Clause (2) of the Guidelines dated 19th August, 2019 by the Judgement dated 8.5.2019 and the same has attained finality pursuant to which the Secretary U.P. Basic Shiksha Parishad, Prayagraj issued circular dated 20.6.2019 to all the Basic Shiksha Adhikari of State of U.P. to comply with the judgment and also to follow the Government Order dated 7.6.2019, this Court is of the opinion that the very premise of the show notice dated 27.6.2019 is no more in existence and, as such, the initiation of proceeding to terminate the services of the petitioner, on the basis of such show cause notice, cannot be sustained. Consequently, the show cause notice dated 27.6.2019 is quashed.
The Respondent No.4 is, therefore, directed to pay the salary of the petitioner, provided there is no other legal impediment.
With the aforesaid direction, the writ petition is disposed off.
Order Date :- 26.11.2019 Manish Tripathi