Court No. - 6
Case :- WRIT - A No. - 14407 of 2019 Petitioner :- Chandra Bhan Respondent :- State Of U.P. 3 Others Counsel for Petitioner :- R.B. Singh,Brajesh Kumar Singh Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Pankaj Bhatia,J.
The present petition has been filed claiming regularization of the services rendered by the petitioner as well as the benefits, which ensue to all the regular employees.
Learned counsel for the petitioner argues that the petitioner was appointed as an Assistant Teacher and is working since 1989 on ad hoc basis. As the petitioner was not being paid the salary, the petitioner approached this Court by filing a Writ Petition No. 30425 of 1991, which was allowed vide order dated 23rd February, 1996 with directions to the respondents to pay the salary to the petitioner, in pursuance whereof the petitioner worked and was paid the salary. It is claimed that the petitioner retired from the services on 31.3.2021, however, the dues are not being paid to the petitioner on the ground that the petitioner's services were not regularized.
Learned counsel for the petitioner argues that despite the petitioner being eligible for being considered for regularization in terms of Clause 33-A and 33-B of the U.P. Secondary Education Services Selection Board Act, 1982, the case of the petitioner was not considered.
A counter affidavit has been filed, which is on record, indicates that the petitioner could not show the provisions, under which the services of the petitioner could be regularized that too after retirement, however, the counsel for the petitioner argues that in any view of the matter, the claim of the petitioner has not been considered in view of the provisions as argued by the petitioner.
The present petition is disposed off with directions that the case of the petitioner shall be considered in the light of the provisions of Section 33-A and 33-B of the Act of 1982, if the petitioner so applies in accordance with law. The said exercise shall be taken up and concluded with all expedition, preferably within a period of four months from the date of filing of a copy of the order before the respondent concerned.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 22.9.2021 S. Rahman