Court No. - 35
Case :- WRIT - A No. - 18612 of 2021 Petitioner :- Om Prakash Rai Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mukesh Kumar Singh,Ayush Mishra Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"a) issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no.5 to take appropriate measures for extending tenure of service in Jagatpur Post-Graduate College, Jagatpur, Varanasi for remaining eight months of session as per the statute as session benefit in academic session of 2021-22.
b) issue a writ, order or direction in the nature of MANDAMUS commanding respondent no.2 to take appropriate measures on petitioner's representation dated 09-11-2021 for extending tenure of service in Jagatpur Post-Graduate College, Jagatpur, Varanasi in session benefit in academic session of 2021-22."
It is argued by Sri Ayush Mishra, learned counsel for the petitioner that petitioner is entitled to work till the end of the academic session in view of the provisions contained under Section 3 of Uttar Pradesh State Universities First Statutes (Age of Superannuation, Scales of Pay and Qualifications of Teachers)-1975 read with Section 14.24 (3) of the First Statute of Mahatma Gandhi Kashi Vidyapeeth, Varanasi.
It is admitted between the parties that regarding the grievances as has been raised by the petitioner in the present writ petition he has already been submitted a representation before the respondent no.3 but till date no decision has been taken on the same.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, the writ petition is disposed of finally directing the respondent no.3-Regional Higher Education Officer, Varanasi Region, Varanasi, to take a decision in the matter in accordance with law expeditiously and preferably within a period of two weeks from the date of receipt of certified copy of this order.
With the aforesaid observations, present writ petition is disposed of finally.
It is made clear that this Court has not entered into the merits of the case and thus it is for authority concerned to take a decision independently in accordance with law.
Order Date :- 24.12.2021 Pramod Tripathi