Court No. - 19
Case :- WRIT - A No. - 6801 of 2019
Petitioner :- Surendra Kumar Khare
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dharmendra Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Learned counsel for the petitioner submits that petitioner was appointed as Music Teacher on 5.8.1987 in the Acharya Narendra Deo Inter College, Urai, Jalaun. The approval was also granted on 11.9.1987 appointment was made on 12.9.1987. Later on 8.8.1988, the approval was recalled. This led to filing of Civil Misc. Writ Petition No.16408 of 1988 (Surendra Kumar Khare vs. Deputy Director of Education, Jhansi and others). During the pendency of this writ petition, the order dated 8.8.1988 remained stayed. Finally the said petition was allowed on 12.4.2004 with the following observations :-
"For the aforesaid reasons, the writ petition is allowed. The impugned order dated 8.8.1988 is set aside. The petitioner shall be allowed to continue in service and paid all consequential service benefits."
Meanwhile, the petitioner remain continued in service, however on 5.7.1993, services of the petitioner was again terminated. The said order was again challenged by the petitioner in Civil Misc. Writ Petition No.1519 of 1994, however, the same was allowed on 11.2.2005, by setting aside the impugned order dated 24.11.1994. Thereafter, the petitioner joined again the service on 17.2.2006 and continued his service till his retirement date i.e. 31.3.2016. However, the grievance of the petitioner is that till date, the retiral benefit has not been granted to him.
Learned counsel for the petitioner has relied upon the judgment and order passed by this Court contending that said judgment is passed in the similar sets of fact in Writ A No.23825 of 2017 (Onkar Nath Saxena vs. State of U.P. and 5 Others, decided on 2.5.2018) & Writ A No.23787 of 2017 (Rajendra Prasad Mishra vs. State of U.P. and 5 Others, decided on 25.5.2018), which are annexed as Annexure Nos.10 and 11 to the petition.
Learned counsel for the petitioner further submits that he has filed representation, dated 26.2.2019 before the District Inspector of Schools, Urai, Jalaun, which is still pending. He further prayed that the direction may be passed to the respondents to decide the representation dated 26.2.2019 in the light of the judgment and order passed by this Court (mentioned above).
Learned counsel appearing on behalf of respondents no.l to 3 states that in case, the representation is filed, the same may be considered, in accordance with law.
Considered the submissions made at Bar and perused the record.
Without going into the merits of the case, Respondent no.2 - Joint Director of Education, Jhansi Division, Jhansi, is directed to decide the representation, in case the petitioner filed the representation in order to ventilate his grievance, along with the judgment passed by this Court (as referred above) as well as copy of the petition along with certified copy of this order, before respondent no.2, the same shall be considered and decided, in accordance with law, within a period of four weeks from today.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.4.2019 Rishabh