Court No. - 33
Case :- WRIT - A No. - 1469 of 2021 Petitioner :- Narvesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is an Instructor in the polytechnic and for certain period was also holding officiating post of Principal. He has approached this Court with the grievance that though his work and conduct has been good but session benefit has not been extended to him.
While entertaining the writ petition, time was granted to the learned Standing Counsel to obtain instructions.
Instructions have been obtained, which are taken on record. As per the instructions, session benefit is to be accorded to a teacher in accordance with the Government Order dated 29th August, 2013. One of the condition for grant of session benefit, as per the Government Order, is that work and conduct of the teacher for last three years be satisfactory.
With reference to the above instructions, learned Standing Counsel points out that an adverse entry has been awarded to the petitioner on 10th September, 2020 by the State Government. This adverse entry appears to have been awarded on the basis of an enquiry, in which it was found that the petitioner has not uploaded the practical marks of the candidates due to which result could not be declared. The petitioner has also been warned to remain careful in future. In such circumstances, it cannot be said that the petitioner's work and conduct for three years was satisfactory. Denial of session benefit in such circumstances suffers from no infirmity.
Learned counsel for the petitioner states that the petitioner has not been made aware of the order dated 10th September, 2020.
If so, it would always be open to the petitioner to challenge the said order in appropriate proceedings. However, denial of session benefit, in the facts and circumstances noticed above, cannot be said to be arbitrary and illegal. No relief is, therefore, granted.
Writ Petition is, accordingly, consigned to record.
Order Date :- 28.7.2021 Pkb/