Court No. - 37
Case :- WRIT - A No. - 11203 of 2019 Petitioner :- Dr. Akhileswar Prasad Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Radha Kant Ojha, Senior Advocate assisted by Sri S.C.Tripathi, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the State- respondents.
Pursuant to an amendment made under Section 31-E of U.P.Higher Education Service Commission Act, 1980 certain teachers, who were appointed on honorarium basis pursuant to Government Order dated 7.4.1998, were regularized and a list of 151 Lecturers was published, who were working on honorarium basis and the petitioner's name finds place at serial no.18.
It is to be noted that a list was published on 18.5.2017 and the petitioner joined the Institution on 15.6.2017. It so happened that about 66 such teachers were allotted different Colleges pursuant to list dated 18.5.2017. They filed writ petitions before this Court leading case being Writ Petition No.23461 of 2018 (Dr. Geetika Nagar Vs. State of U.P. and others) and the judgment was pronounced on 21.2.2019 directing the authorities to absorb the petitioners in the same College where they were earlier engaged.
It appears that pursuant thereto those 66 teachers applied for joining and the Director of Education by order dated 7.3.2019 allowed them to join but stated that they shall be treated to have joined the Institution from 18.5.2017.
According to the learned counsel for the petitioner, by this order the petitioner has been placed at disadvantage because the petitioner was also in the same list but he joined on 15.6.2017 whereas other 66 candidates apparently joined after the order of the Director of Education dated 7.3.2019. But the Director has stated that their joining will be from the original date, i.e., 18.5.2017 and the 66 candidates, who joined later, their seniority should be considered from the date of joining and not the initial order of 18.5.2017.
Let the petitioner may make a representation to the Director of Education ventilating his grievances and the Director will consider the grievance of the petitioner, in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
With the aforesaid observation/direction, the writ petition stands finally disposed of.
Order Date :- 26.7.2019 SKM