Court No. - 39
Case :- WRIT - A No. - 13186 of 2019 Petitioner :- Sandeep Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioner is permitted to implead District Level Committee through its Chairman/ District Magistrate, Kanpur Nagar as respondent no. 5 during the course of the day.
Heard learned counsel for the petitioner, learned standing counsel for 1, 3 and 5 and Sri Pankaj Kumar Singh, learned counsel for respondent nos. 2 and 4.
Learned counsel for the petitioner submits that State Government has issued Government Order dated 17.06.2019 for adjustment of Teachers for session 2019-
20. Pursuant to that Government Order, Circular dated 10.07.2019 was issued by respondent no. 4 adding additional condition that application of teachers on probation shall not be considered. He further submits that in other Districts of U.P. i.e. District Orai, Gorakhpur, Hathras etc., there is no such condition. Further, circular of respondent no. 4 dated 10.07.2019 so far as it directs exclusion of teachers on probation is contrary to Government Order dated 17.06.2019. Lastly, he submits that the probation of the petitioner shall be completed on 15.09.2019 and further a direction may be issued to consider the adjustment of the petitioner in light of Government Order dated 17.06.2019 ignoring the facts of probation.
Sri Pankaj Kumar Singh, learned counsel for respondent nos. 2 and 4 submits that for redressal of grievance, petitioner may be directed to approach District Level Committee as provided in Government Order dated 17.06.2019 which could not be disputed by the learned counsel for the petitioner.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioner to approach District Level Committee- respondent no. 5 constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within 10 days from today along with certified copy of the order. In case any such representation is filed before respondent no. 5, the same shall be considered and decided strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 5 to decide the representation of the petitioner after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 26.8.2019 Arvind