Court No. - 18
Case :- WRIT - A No. - 6473 of 2018 Petitioner :- Pratima Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
Petitioner is before this Court with the request to direct the District Inspector of Schools, Kushi Nagar to forward the papers regarding regularisation of service of the petitioner as per the provision contained under Section 33C(1)(a)(i) of the Uttar Pradesh Secondary Education Service Selection Board Act, 1982.
It appears that in pursuance to the Advertisement, the petitioner has applied for the post of L.T. Grade Teacher in the Institution namely Pawa Nagar Mahabir Inter College, Fazil Nagar, District Kushi Nagar, which is governed by the provisions of U.P. Intermediate Education Act, 1921 as well as Payment of Salaries Act, 1971 and the provisions of U.P. Secondary Education Service Selection Board Act, 1982 are also applicable on the same. Thereafter on the basis of quality point marks, petitioner was selected and an appointment letter dated 28.07.1993 has also been issued in his favour. It further reveals that after the selection and appointment of petitioner, relevant papers were sent to the District Inspector of Schools for according financial approval on 20.11.1996.
Learned counsel for the petitioner submits that in spite of the fact that relevant papers were sent by the Committee of Management of the Institution before the District Inspector of Schools way back on 20.11.1996, no action has been taken on the same and the same is still pending before him in spite of the provisions made under 33C(1)(a)(i) of the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 and as such, this Court should come to the rescue and reprieve of the petitioner.
Learned Additional Chief Standing Counsel has not disputed the factual as well as legal aspect of the matter and submits that in case any such grievance of the petitioner is still pending, the same shall be looked into and remedied by the authority concerned at the earliest.
In view of the above facts and circumstance of the case, the writ petition, on consent, stands disposed of directing the District Inspector of Schools, Kushi Nagar, to take a call by the fourth respondent within three weeks from today and thereafter in case, the case set up by the petitioner is found to be in consonance to the relevant provisions, the papers may be forwarded to the Regional Selection Committee, Seventh Region, Gorakhpur for necessary action. The entire exercise may be carried out within three months period.
It is made clear that the Court has not considered the claim and contention of the petitioner on merit.
Order Date :- 22.2.2018 A. Pandey