Court No. - 33
Case :- WRIT - A No. - 8848 of 2021 Petitioner :- Shiva Respondent :- State Of U.P.And 4 Others Counsel for Petitioner :- Anurag Agrahari,Mahima Sahai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner appears to have been selected by the U.P. Secondary Education Services Selection Board on the post of Lecturer- Geography. He has been sent to respondent no. 5 institution where he has also joined and the grievance is that though he is working but salary has not been paid to him.
Noticing such grievance on the previous occasion, this Court directed the learned Standing Counsel to obtain instructions in the matter. Instructions have been placed before this Court, as per which, there is no post of Lecturer in Geography in the institution concerned and the solitary post of Lecturer in Geography has already been filled by way of promotion on 9.8.2018.
It is admitted that the petitioner has been selected by the Board and, therefore, is entitled to be appointed in a recognised and aided institution under the provisions of U.P. Intermediate Education Act, 1921. In the event, there is no vacant post of Lecturer in Geography in the institution concerned, the authorities are expected to examine petitioner's claim for appointment in any other institution in the same district or if no such post is available in the district then in any other district.
The inspector, therefore, shall examine this aspect of the matter and would make necessary recommendations to the Board, within a period of 4 weeks from the date of presentation of copy of this order. The Board shall take an appropriate decision in the matter, keeping in view the provisions contained under Section 13(5) of the Act of 1982, within a further period of three months thereafter. Since there is no vacancy on the post Lecturer in Geography in respondent no. 5 institution, no direction can be issued for release of salary from petitioner to such institution. As a matter of fact he ought not to have allowed joining itself. Merely because he has been allowed joining would not mean that he is entitled for payment of salary, when there is no vacant post of Lecturer in Geography in the institution concerned.
Subject to the observations made above, this writ petition stands disposed off.
Order Date :- 24.8.2021 n.u.