Court No. - 18
Case :- WRIT - A No. - 8661 of 2018
Petitioner :- Mukesh Kumar
Respondent :- State Of U.P. And 03 Others
Counsel for Petitioner :- Suresh Singh,Sr. Advocate Anil Bhushan
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anil Bhushan, Senior Advocate assisted by Shri Suresh Singh, Advocate and learned Additional Chief Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the respondents to take decision on the grant-in-aid pay salary to the petitioner on the post of Assistant Teacher in the institution.
Shri Anil Bhushan, Senior Advocate, in support of his submission, has placed reliance on the order dated 28.11.2017 passed by this Court in Writ C No.53641/2017 (C/M Smt. Malti Devi Kanya Harijan Primary Pathshala and another vs. State of U.P. and others) wherein this court has considered the judgement passed by the Apex Court in Pawan Kumar Dwivedi and others 2014 (9) SCC 692 and the order passed by this Court in Paripurna Nand Tripathi and another vs. State of U.P. and others and proceeded to quash the order impugned and directed the Authority concerned to decide the claim of the petitioner afresh in accordance with law and as such, it is prayed that the authorities may be directed to look into the grievance of the petitioner in the light of the aforesaid judgement.
Learned Standing Counsel in case a fresh representation/application is moved before the first respondent, the same would be looked into and remedied by the Authority concerned at the earliest.
In view of the above, without expressing any opinion on the merits of the case, on consent, it is provided that in case petitioner moves a fresh application/representation before the Secretary, Social Welfare Department, U.P at Lucknow within two weeks' time, the same would be considered and decided by the concerned Authority by a speaking order within a period three months, keeping in mind the order passed by this Court in C/M Smt. Malti Devi Kanya Harijan Primary Pathshala (supra), but certainly after taking a call from the fourth respondent.
With these, Writ Petition is disposed of.
Order Date :- 27.3.2018
A. Pandey