Court No. - 4
Case :- WRIT - A No. - 24806 of 2018 Petitioner :- Krishna Kant Respondent :- State Of U P And 2 Other Counsel for Petitioner :- K.P. Verma Counsel for Respondent :- C.S.C.,Mohd Shere Ali Hon'ble Ajit Kumar,J.
Learned counsel for the petitioner is directed to implead Secretary, U.P. Basic Education Board, Allahabad as 4th respondent in the writ petition.
Heard learned counsel for the parties.
By means of present writ petition, petitioner seeks direction to the Assistant Director of Education (Basic), namely, third respondent to decide his appeal dated 3.2.2014 pending before him against the order dated 29.06.2013 dispensing with services of petitioner as Assistant Teacher in Junior Basic School, Jigina-11, Nautanwan, Maharajganj.
Mohd. Shere Ali, learned counsel for respondent no. 2 states that appeal is maintainable only before Secretary U.P. District Basic Education Board, Allahabad under Rule 5 of the U.P. Basic Education Staff Services Rules, 1973. Even this Court under the order dated 20 December, 2013 had directed the petitioner to file the appeal before appellate authority.
In view of above, 3rd respondent is directed to transmit the appeal to the Secretary U.P. Basic Education Board, Allahabad pending before him since 3rd February, 2014 within two weeks from the date of filing of certified copy of the order. The appellate authority shall consider the same and pass the order in accordance with law deciding the appeal, thereafter within a further period of three months after giving opportunity of hearing to the petitioner.
The writ petition stands disposed of.
Order Date :- 26.11.2018 Sanjeev