Court No. - 18
Case :- WRIT - A No. - 9025 of 2018 Petitioner :- Diwakar Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to second respondent i.e. Director of Education (Secondary), Directorate, U.P. at Allahabad to provide the benefit of services (regarding experience and increment only) to the petitioner with effect from his selection i.e. 26.5.2012 on which date other selected candidates have been permitted to join.
The record in question reflects that earlier the petitioner has been before this Court by preferring Writ Petition No.24879 of 2013 (Diwakar Singh v. State of U.P. & Ors.), which was disposed of on 3.5.2013 with following observations:-
"Heard learned counsel for the parties.
Petitioner submits that his name has been recommended by U.P. Secondary Education Service Selection Board for being appointed as TGT Grade Teacher at Rishi Bhumi Inter College, Saurikh, District Kannauj. Petitioner submits that his joining has not been accepted by the said institution. The District Inspector of Schools, Kannauj has made recommendation to the Secretary, U.P. Secondary Education Service Selection Board at Allahabad for accommodating/adjusting the petitioner in some other institution. Petitioner submits that till today no action whatsoever has been taken in this direction.
In the facts of the case, Secretary, U.P. Secondary Education Service Selection Board, Allahabad is directed to consider the claim of petitioner and take appropriate decision for placement of the petitioner against a vacancy subject matter of Advertisement No.1 of 2010, within a period of two months from the date of receipt of a certified copy of this order is filed before him, by means of a reasoned speaking order.
Writ petition stands disposed of accordingly."
Once the aforesaid order has not been complied with, the petitioner has once again been before this Court by preferring Contempt Application (Civil) No.2841 of 2014 (Diwakar Singh v. Smt. Neena Srivastava, Secry. U.P. Secondary Education Service ), which was disposed of on 14.5.2014 with following observations:-
".............Prima facie, a case for willful disobedience of the order of this Court dated 3.5.2013 has been made out.
However, considering the facts and circumstances of the case, without issuing any notice at this stage, one more opportunity is given to the opposite party to comply with the order dated order 3.5.2013 passed by this Court in Civil Misc. Writ Petition No. 24879 of 2013 (Diwakar Singh vs. State of U.P. and others) within a period of four weeks from the date of receipt of a certified copy of the order of this Court. In case the order is not complied with by the opposite party within the aforesaid period, the applicant shall be at liberty to approach this Court again.
With the aforesaid observation this application is disposed of."
Learned counsel for the petitioner submits that pursuant to the aforesaid orders, no doubt the petitioner has been allotted the institution and he has also joined but without any fault of the petitioner he has suffered a lot and is facing discrimination with similarly situated persons and as such present writ petition has been filed for aforesaid relief.
The Court has proceeded to examine the record in question and find that the relief as has been asked for by way of present writ petition is liable to be considered and decided by the second respondent at the first instance.
Consequently, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the second respondent to look into the grievance of the petitioner and pass appropriate order in accordance with law expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 30.3.2018 SP/