Court No. - 3
Case :- WRIT - A No. - 53644 of 2006 Petitioner :- Saket Chaturvedi Respondent :- State Of U.P. Thru Sec. Secondary Edu. And Others Counsel for Petitioner :- Irshad Ali,B.P. Singh,Irshad Ali,Udai Chandra Counsel for Respondent :- C.S.C.,D.K. Srivastava,O.P. Rai,R.P. Dubey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The petitioner was selected as Assistant Teacher Lt. Grade (Hindi) in Intermediate College, Kaptanganj, District Azamgarh . The petitioner was relieved by the order of Manager of Committee of Management dated 19.9.2006, which was challenged by the petitioner in the present writ petition. A Coordinate Bench of this Court on 26.9.2006 has passed the following order:
"Supplementary affidavit filed today is accepted on record.
Issue notice to respondents No. 5 & 6. Shri R.P. Dubey has appeared on behalf of Respondent No.2. Learned standing counsel has appeared for respondents No. 1,3 & 4.
Petitioner's case in the writ petition is that in pursuance of the order passed by District Inspector of Schools dated 29.8.2006 directing the Management to permit joining of respondent No.6 in the Institution as Assistant Teacher in L.T. grade (Hindi), the petitioner has been directed to be relieved from the Institution by letter of the Manager dated 19.9.2006. The petitioner's case is that he having been selected by U.P. Secondary Education Services Selection Board as Assistant Teacher L.T. grade in the institution, joined and is working from 8.4.2005. Petitioner's submission is that order of the Manager directing relieving of the petitioner to enable joining of respondent No.6 has been passed without giving any notice and opportunity to the petitioner.
From the materials brought on the record, it do appear that the petitioner was selected for appointment as Assistant Teacher L.T. grade in the institution which is apparent from the letter dated 16.3.2005 of the Secretary, U.P. Secondary Education Services Selection Board addressed to the District Inspector of Schools, Azamgarh. Petitioner was issued appointment letter and had joined and is working.
In view of the facts brought on record and submissions made, the order of the Manager of the Committee of Management dated 19.9.2006 directing relieving of the petitioner shall remain stayed. Petitioner shall be allowed to continue as Assistant Teacher L.T. grade on the post where he has been working since 8.4.2005."
The learned counsel for the petitioner submits that petitioner and Respondent No.6, both have been adjusted by the same institution and are working since then.
Since the petitioner has been absorbed in the institution, therefore, the order impugned in the writ petition is unsustainable. Consequently, the same is set aside.
The writ petition is disposed of.
Order Date :- 28.11.2019 Manish Tripathi