Court No. - 30
Case :- WRIT - A No. - 6701 of 2018 Petitioner :- Chandresh Kumar Yadav Respondent :- State Of U.P. Through Its Secretary (Secondary Education) Govt. Of U.P. Lucknow And 3 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard the learned counsel for the petitioner and learned Standing Counsel.
Bhartiya Shiksha Niketan Inter College Utirai Baderi, an intermediate institution, duly recognized and in grant-in-aid of the State. Provisions of Intermediate Education Act, 1921 and U.P. High School and Intermediate College (Payment of Salaries of the Teachers and Other Employees) Act, 1971 are applicable on the institution. The petitioner claims to have been appointed as Assistant Teacher under sub-Section 11 of Section 16-E of the Intermediate Education Act, 1921, against the vacancy having arisen in the institution. By the instant petition, petitioner seeks salary for the post in question.
Learned counsel for the petitioner submits that the controversy involved in the petition is squarely covered by a decision rendered in Sushil Kumar Yadav and another Vs. State of U.P. and 3 others (Writ-A No. 48244 of 2017) decided on 31.10.2017, therefore, it is urged that the petition may be decided in terms of the aforementioned decision.
Learned Standing Counsel does not dispute the legal proposition.
In regard thereto, writ petition, on consent, stands disposed of directing the second respondent, District Inspector of Schools, Jaunpur, to consider and decide the representation of the petitioner by a reasoned and speaking order in terms of the decision rendered in Sushil Kumar Yadav (supra) after taking comments from the third respondent, expeditiously, preferably within two months from the date of filing of certified copy of this order.
It is made clear that the Court has not considered the claim and contention of the petitioners on merit.
Order Date :- 26.2.2018 Lalit Shukla