Court No. - 35
Case :- WRIT - A No. - 12422 of 2020 Petitioner :- Dayaram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- C.S.C.,Raghvendra Pratap Singh
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri R.P. Singh appears for second, third and fourth respondent.
The petitioner, who is Assistant Teacher is before this Court for a direction to the respondents to consider and decide the claim of the petitioner in pursuance of Government Orders dated 09.06.2014 and 01.12.2014 within stipulated period.
Learned counsel for the petitioner submits that similar controversy has earlier been raised before this Court in bunch of writ petitions with leading Writ-A No.57213 of 2015 (Shiv Kumar v. State of U.P. & Ors.), which was disposed of on 13.11.2017 with positive directions and as such it is contended that similar direction may also be passed in this writ petition also. The operative portion of the judgment dated 13.11.2017 is reproduced as under:-
".........By the impugned order, the representations of the petitioners were rejected without consideration to the option exercised by them. The grievance of the petitioners has not yet been redressed. The Government Order No.4647/79-5-2014-5-2010 dated 01.12.2014 has also not been considered in the impugned order. Since in these writ petitions, matter relates to the availability of option under the aforesaid Government Orders dated 08.12.2008, 09.06.2014 and 01.12.2014 and as such it appears expedient in the interest of justice that the case of the petitioners be considered by the State Government itself in the light of the relevant Government Orders issued from time to time and the option exercised by them.
Learned Additional Chief Standing Counsel states that the case of the petitioners shall be considered by the State Government and a final decision shall be taken within a time bound period.
In view of the aforesaid, all these writ petitions are disposed of giving liberty to the petitioners to file their individual representations before the Principal Secretary/ Additional Chief Secretary, Basic Education, Government of U.P., Lucknow, within four weeks from today along with a certified copy of this order. All the representations so filed shall be considered by the aforesaid Secretary and a reasoned and speaking order shall be passed positively within next ten weeks after affording reasonable opportunity of hearing to all the petitioners. In case the representations are not decided by the aforesaid authority within the time as provided above, each petitioner shall be entitled to receive a cost of Rs.5000/-. If the representations are decided within time as aforesaid, no cost shall be payable to the petitioners.
In view of the aforesaid, the impugned orders are quashed. All the writ petitions are disposed of with directions as aforesaid."
So far as the factual and legal aspect is concerned, the same is not disputed by learned counsel for the respondents.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the first respondent to look into the grievance of the petitioner in the light of the judgment in Shiv Kumar (Supra) and pass appropriate order within two months from the date of production of certified copy of this order.
Order Date :- 8.1.2021 Jyotsana