Court No. - 30
Case :- WRIT - A No. - 6708 of 2018 Petitioner :- Mahendra Pratap Yadav Respondent :- State Of Up Through Its Principal Secretary, Basic Education And 3 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the parties.
The petitioner is before this Court with request to issue direction to the respondent authorities to ensure payment of regular salary to him for the post of Clerk from his initial joining in the institution in question forthwith.
The petitioner claims to have been appointed as Clerk on 28.8.2016 in Kisan Intermediate College Mathauli Bazar, District Kushi Nagar, a Junior High School duly recognized and in grant-in-aid of the State. Pursuant to the directions of the Basic Education Officer, vide communication dated 27.6.2016 to fill up the post of Clerk, proceeding was initiated in accordance with Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and conditions of Service of Ministerial Staff and Group D Employees) Rules 1984 (1984 Rules). The second respondent, District Basic Education Officer, Kushi Nagar, vide communication dated 27.6.2016, addressed to the Management, granted approval for initiating selection process. Pursuant thereof, an advertisement was published in two leading newspapers, namely, 'Spast Awaz' and 'Swatantra Bharat' for appointment on the post of Clerk in the institution. The second respondent vide communication dated 20.7.2016 appointed an observer. Thereafter, the papers of the selection was forwarded to the second respondent vide communication dated 25.7.2016.
It is sought to be urged by learned counsel for the petitioner that in terms of Rule 15(5)(iii) of 1984 Rules, the District Basic Education Officer does not communicate the decision within one month from the date of receipt of papers, therefore, under Clause (4), he shall be deemed to have accorded approval to the recommendations made by the selection committee. It is, therefore, urged that pursuant to the aforementioned Rule, the petitioner shall be deemed to have been appointed w.e.f. 28.8.2016.
Sri P.D. Tripathi, learned counsel appearing for the second and third respondents submits that appropriate decision shall be taken by the second respondent in accordance with law.
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by respective parties, it is provided that the District Basic Education Officer, Kushi Nagar shall consider and redress the grievance of the petitioner after hearing the fourth respondent, in accordance with law, by a reasoned and speaking order, preferably, within six weeks from the date of filing of certified copy of this order.
With the aforementioned observations/direction, the writ petition is finally disposed of.
Order Date :- 26.2.2018 Lalit Shukla