Court No. - 55
Case :- SPECIAL APPEAL No. - 870 of 2019 Appellant :- Dinesh Chandra Respondent :- State Of U.P. And Another Counsel for Appellant :- Indra Raj Singh,Ajeet Kumar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today by the appellant is taken on record.
Heard Sri Adarash Singh, learned counsel for the appellant, Sri A.K. Roy, learned Additional Chief Standing Counsel for the State-respondents and Sri Bhupendra Kumar Yadav, learned counsel appearing for respondent no. 2.
The present appeal has been filed against the judgement and order dated 13.5.2019 passed in Writ A No. 19218 of 2008 whereby the writ petition was dismissed by learned Single Judge on the ground that on the date of promotion, the appellant did not hold the necessary teacher training qualification which the appellant acquired in the year 2013.
The counsel for the appellant has argued and filed on record an order dated 24.12.2013 by means of a supplementary affidavit wherein the District Basic Education Officer has taken a decision with regard to one Shailendra Singh, who had also acquired the qualification much after his promotion and orders were passed in his favour.
The counsel for the appellant further states that this order was not available with the appellant and thus could not be filed when the matter was heard by learned Single Judge.
Considering the averments made at the bar and on perusal of the order dated 24.12.2013 which is not disputed, the present appeal and the writ petition deserves to be allowed. The appellant is also entitled to the benefit extended by the order dated 24.12.2013 passed by the District Basic Education Officer, Firozabad in case of Shailendra Singh.
Consequently, the appeal is allowed and the impugned order dated 13.5.2019 is set aside. The order dated 25.5.2008, passed by the District Basic Education Officer, Firozabad is quashed and directions are issued to grant the salary on the promoted post from the date of appellant taking charge.
The appeal is allowed in terms of the order passed above.
Order Date :- 26.8.2019 Puspendra .
(Pankaj Bhatia,J.) (Vikram Nath,J.)