Court No. - 16
Case :- WRIT - A No. - 48698 of 2016 Petitioner :- Om Prakash Mishra Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Neeraj Srivastava,Lal Chandra Srivastava Counsel for Respondent :- C.S.C.,S.P. Lal
Hon'ble Ashwani Kumar Mishra,J.
Financial approval was granted to petitioner's appointment by the District Inspector of Schools, Allahabad, vide order dated 7.11.2005, pursuant to directions issued by this Court in Writ Petition Nos.34713 of 1993 and 47743 of 2003. Petitioner claims that pursuant to such order, he is continuing and is also receiving salary. It is contended that claim of petitioner for regularization is covered under section 33C of U.P. Secondary Education (Service Selection Board) Act, 1982 and papers in that regard have been forwarded by the Committee of Management to the Inspector concerned. It appears that on 9.6.2014 the Inspector has sought for certain clarifications which have been furnished by the Committee of Management on 16.6.2014. It appears that subsequent reminders have also been sent but till date no final decision in the matter has yet been taken.
While entertaining this petition time was allowed to learned Standing Counsel to file counter. Despite sufficient opportunity granted, no counter affidavit has been filed.
Considering the nature of order proposed to be passed no further time for filing counter affidavit is required to be granted and the matter is being disposed of at this stage itself.
In the facts and circumstances noticed above, it would be appropriate to dispose of this petition with the direction that the petitioner shall represent his claim relating to regularization before the respondent no.2, who shall get the appropriate comments/reports from the concerned authorities and a decision in accordance with law would be taken, within a period of four months from the date of presentation of certified copy of this order.
It is made clear that this Court has not examined the entitlement of petitioner on merits and all issues are left open to be examined by the authority concerned at the first instance.
With the aforesaid observations, this petition stands disposed of.
Order Date :- 22.2.2018 Ashok Kr.