Court No. - 4
Case :- WRIT - A No. - 37153 of 2017 Petitioner :- Manoj Kumar Sahu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh,Shantanu Khare,Shashank Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
The petitioner herein this petition though initially challenged the order of the Principal DIET dated 02.05.2017 and 01.06.2017, but later on the final order passed by the District Basic Education Officer dated 04.01.2018 cancelling the appointment of the petitioner as Assistant Teacher in the institution, the petitioner has moved an amendment application seeking to challenge the said order as well.
Learned standing counsel states that it is the consequential order that has been passed by the Principal DIET and against the principal order the District Basic Education Officer stated that the petitioner has an alternative remedy to move a departmental appeal before the Secondary U.P. Basic Education Board under Rule 5 of U.P. Basic Education Staff Rules, 1973 to which the learned counsel for the petitioner does not dispute.
In view of the above, the writ petition is disposed of with the direction to the petitioner to prefer a departmental appeal under Rules 1973, within a period of 30 days from today along with a certified copy of this order before the Secretary, U.P. Basic Education Board, Allahabad.
In the event any such appeal is filed as directed above, the Secretary, U.P. Basic Education Board, Allahabad shall consider and decide the same within a further period of two months from the date of receipt of aforesaid application by a reasoned and speaking order.
Order Date :- 27.11.2018 Md Faisal
Court No. - 4
Case :- WRIT - A No. - 37153 of 2017 Petitioner :- Manoj Kumar Sahu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh,Shantanu Khare,Shashank Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
(Civil Misc. Amendment Application No. 2 of 2018) Amendment application is allowed.
Learned counsel for the petitioner is permitted to make necessary amendment in the memo of petition during the course of day.
Order Date :- 27.11.2018 Md Faisal
Court No. - 4
Case :- WRIT - A No. - 37153 of 2017 Petitioner :- Manoj Kumar Sahu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh,Shantanu Khare,Shashank Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
(Civil Misc. Impleadment Application No. 3 of 2018) Impleadment application is allowed.
Learned counsel for the petitioner is permitted to implead forthwith Secretary, U.P. Basic Education Board, Allahabad.
Order Date :- 27.11.2018 Md Faisal