शिक्षा मित्रों से सम्बन्धित 18/02/2015 की सुनवाई में माननीय न्यायालय का आदेश: अगली सुनवाई 10/03/2015 को
UDGMENT/ORDER IN - SERVICE SINGLE No. 3205 of 2014 at Lucknow Dated-18.2.2015 CASE TITLE
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 3205 of 2014 (Now MB)
Petitioner :- Mohd. Arshad & Another (Vires Matter Before Div.Bench)
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Himanshu Raghave,Asok Pande,Durga Prasad Shukla,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg,L.K.Misra,M.M.Asthana,Rajeev Kumar
Hon'ble Dinesh Maheshwari,J.
Hon'ble Attau Rahman Masoodi,J.
Mr. Rajiv Kumar Tripathi has filed counter affidavit on behalf of respondent no.5 which is taken on record.
This matter is on board along with cognate matters, being Writ Petition Nos.3248 (SS) of 2014 and 3194 (SS) of 2014. The record of decided Special Appeal No. 401/2014 arising out of interim order passed in the present writ petition has also been placed on board with this matter.
This matter was considered on 8.12.2014 by a coordinate Bench when it was noticed that counter affidavit on behalf of National Council for Teacher Education has been filed and the last opportunity was extended to the respondents State of U.P. and also Union of India to file counter affidavit by the next date. The matter was fixed for 5.1.2015 while observing that absorption of Siksha Mitras shall abide by final order passed by this Court. Thereafter, these matters have been listed on three occasions, but no order has been passed.
However, today request for adjournment with the illness slip of Shri Ghaus Beg, learned counsel appearing for Union of India is made and then, the learned Standing Counsel submits that counter affidavit is under preparation and shall be filed within a couple of days.�
Though there appears no justification that the respondents have yet not filed the counter affidavit despite stop order on 8.12.2014, but looking into question involved and in the interest of justice, we are deferring the consideration of this matter today with the observation and requirement that the respondents, if so chosen, may file their counter affidavits latest by 23rd February, 2015. The petitioner, in respect of the counter affidavits already received as also any further counter affidavit by any respondent, may file rejoinder affidavit on or before the next date.
It is made clear that the parties shall be expected to complete their pleadings on or before the next date; and the matter shall be proceeded without waiting for any further pleadings on behalf of any party.
As prayed by counsel for the parties, list this matter on 10.3.2015.
Order Date :- 18.2.2015
Rabindra Kumar
�(Attau Rahman Masoodi,J) �
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UDGMENT/ORDER IN - SERVICE SINGLE No. 3205 of 2014 at Lucknow Dated-18.2.2015 CASE TITLE
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 3205 of 2014 (Now MB)
Petitioner :- Mohd. Arshad & Another (Vires Matter Before Div.Bench)
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Himanshu Raghave,Asok Pande,Durga Prasad Shukla,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg,L.K.Misra,M.M.Asthana,Rajeev Kumar
Hon'ble Dinesh Maheshwari,J.
Hon'ble Attau Rahman Masoodi,J.
Mr. Rajiv Kumar Tripathi has filed counter affidavit on behalf of respondent no.5 which is taken on record.
This matter is on board along with cognate matters, being Writ Petition Nos.3248 (SS) of 2014 and 3194 (SS) of 2014. The record of decided Special Appeal No. 401/2014 arising out of interim order passed in the present writ petition has also been placed on board with this matter.
This matter was considered on 8.12.2014 by a coordinate Bench when it was noticed that counter affidavit on behalf of National Council for Teacher Education has been filed and the last opportunity was extended to the respondents State of U.P. and also Union of India to file counter affidavit by the next date. The matter was fixed for 5.1.2015 while observing that absorption of Siksha Mitras shall abide by final order passed by this Court. Thereafter, these matters have been listed on three occasions, but no order has been passed.
However, today request for adjournment with the illness slip of Shri Ghaus Beg, learned counsel appearing for Union of India is made and then, the learned Standing Counsel submits that counter affidavit is under preparation and shall be filed within a couple of days.�
Though there appears no justification that the respondents have yet not filed the counter affidavit despite stop order on 8.12.2014, but looking into question involved and in the interest of justice, we are deferring the consideration of this matter today with the observation and requirement that the respondents, if so chosen, may file their counter affidavits latest by 23rd February, 2015. The petitioner, in respect of the counter affidavits already received as also any further counter affidavit by any respondent, may file rejoinder affidavit on or before the next date.
It is made clear that the parties shall be expected to complete their pleadings on or before the next date; and the matter shall be proceeded without waiting for any further pleadings on behalf of any party.
As prayed by counsel for the parties, list this matter on 10.3.2015.
Order Date :- 18.2.2015
Rabindra Kumar
�(Attau Rahman Masoodi,J) �
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