जूनियर में 15098 कैंडिडेट्स को नियुक्ति पत्र दिया गया , बाकि को अयोग्य बताया गया, याची ने कंटेम्प्ट दाखिल किया हुआ है और जिसकी सुनवाई 12 अक्टूबर को है
कंटेम्प्ट सभी 29334 भर्ती पूरी करने को लेकर है
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3677 of 2015
Applicant :- Deepak Sharma
Opposite Party :- Sri Hira Lal Gupta, Prin. Sec. Basic Edu. And Anr.
Counsel for Applicant :- Shailendra,Girish Chandra
Counsel for Opposite Party :- S.C.,B.P. Singh
Hon'ble Ran Vijai Singh,J.
On 14.7.2015 following order was passed by this Court:
"This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 29.05.2014 passed by this Court in Writ - A No. 28686 of 2014 (Brahm Dev Yadav and 5 others Vs. State of U.P. and 4 others) and judgment and order dated 12.06.2014 passed by this Court in Special Appeal No. 561 of 2014 (Alok Kumar Dixit Vs. State of U.P. and 8 others), judgment and order dated 07.04.2015 passed by this Court in Special Appeal No. 622 of 2014 (Anil Kumar Singh Vs. State of U.P. and 8 others), order dated 08.05.2015 passed by this Court in Writ - A No. 28686 of 2014 (Brahm Dev Yadav and 5 others Vs. State of U.P. and 4 others), order dated 30.04.2015 passed by this Court in Writ - A No. 24818 of 2015 (Santosh Kumar Mishra And 4 others Vs. STate of U.P. & another) and order dated 15.05.2015 passed by this Court in Special Appeal (Defective) No. 363 of 2015 (Bharat Suman Vs. State of U.P. & 6 others).
Sri Bhanu Pratap Singh, who appears for the opposite party no. 1 has filed an application praying therein that at least four weeks' further time may be granted for compliance of the aforesaid orders passed by this Court in various writ petitions which has been opposed by Sri Shailendra. Learned counsel for the applicant states that it is a delaying tactics of the opposite parties as the entire proceeding for appointment of the applicant and other similarly situated persons are held up due to which teaching work of the Junior Basic School throughout the State is suffering.
Considering the facts and circumstances of the case, four weeks' further time is allowed to opposite parties to comply with the aforesaid orders passed by this Court in its letter and spirit.
List on 17.08.2015.
In case, by that time the aforesaid orders are not complied with and affidavit of compliance is not filed, the opposite parties shall remain present before the Court for framing the charge."
Even after intimation given to the opposite party the order of the writ Court dated 29.5.2014 has not been complied with in its letters and spirit. The matter was again taken up on 21.8.2015 and the following order was passed:
"An affidavit has been filed duly sworn by Sri Sanjay Sinha, Secretary, U.P.Basic Education Board Allahabad.
In paragraph 3 of the affidavit, it is stated that appointment letters to the eligible candidates will be issued by 15th September, 2015. In view of the aforesaid situation, framing of charge is deferred till 15th September, 2015.
List this case on 16th September, 2015. In case, appointment letters are not issued to the all eligible candidates by 15th September, 2015, the opposite parties no. 1 and 2 shall remain present before the court for framing the charge."
The matter was again taken up on 16.9.2015 and the case was adjourned on the request of the learned counsel for the parties fixing 23.9.2015.
Today a supplementary affidavit of compliance has been filed duly sworn by Sri Sanjay Sinha Secretary, U.P. Basic Education Board, Allahabad. In paragraph 4 of the affidavit following averments have been made:
"4. That in compliance of the judgment/order passed byt his Hon'ble Court as many as 15098 eligible candidates have been appointed as Assistant Teacher (Science and Maths) in Parishadiya Junior High Schools in different districts of State out of 29334 vacancies; however the appointment against remaining/ relevant vacancies is under process."
Sri Shailendra, learned counsel for the applicant submits that it has wrongly been stated that 15098 candidates have been appointed. In his submission none of the candidates has yet been permitted to join. On the contrary a stand has been taken in paragraph 4 of the supplementary affidavit of compliance that 15098 eligible candidates have been appointed and remaining candidates are not eligible. The submission is how this stand can be taken by the opposite party when this was the subject matter of the special appeal and special leave to appeal before the Apex Court. Earlier the opposite parties vide order dated 14.7.2015 were directed to remain present before the Court. Thereafter an impleadment application was filed by Shri Shailendra, Advocate to implead Smt. Dimple Verma, Principal Secretary, U.P. basic Education, Lucknow, which was allowed and notice was issued. Sri Bhanu Pratap Singh, learned counsel who appears for the remaining opposite parties was directed to accept notice.
Pursuant thereto an affidavit of compliance has been filed duly sworn by Smt. Dimple Verma,Principal Secretary, U.P. basic Education, Lucknow. adopting the stand taken by the Secretary, U.P. Basic Education Board, Allahabad as has been discussed above which he has stated in paragraph 4 of the affidavit.
Prima facie, alleged compliance of the writ Court's order appears to be an eye wash and the opposite parties are misleading the Court. Taking note of that both the opposite parties are directed to remain present before the Court on 12th October, 2015 pursuant to the order of this Court dated 29.5.2015. They are also directed to file their detailed affidavits, day to day steps taken by them after the order dated 29.5.2015
List on 12th October, 2015.
Order Date :- 24.9.2015
samz
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC
कंटेम्प्ट सभी 29334 भर्ती पूरी करने को लेकर है
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3677 of 2015
Applicant :- Deepak Sharma
Opposite Party :- Sri Hira Lal Gupta, Prin. Sec. Basic Edu. And Anr.
Counsel for Applicant :- Shailendra,Girish Chandra
Counsel for Opposite Party :- S.C.,B.P. Singh
Hon'ble Ran Vijai Singh,J.
On 14.7.2015 following order was passed by this Court:
"This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 29.05.2014 passed by this Court in Writ - A No. 28686 of 2014 (Brahm Dev Yadav and 5 others Vs. State of U.P. and 4 others) and judgment and order dated 12.06.2014 passed by this Court in Special Appeal No. 561 of 2014 (Alok Kumar Dixit Vs. State of U.P. and 8 others), judgment and order dated 07.04.2015 passed by this Court in Special Appeal No. 622 of 2014 (Anil Kumar Singh Vs. State of U.P. and 8 others), order dated 08.05.2015 passed by this Court in Writ - A No. 28686 of 2014 (Brahm Dev Yadav and 5 others Vs. State of U.P. and 4 others), order dated 30.04.2015 passed by this Court in Writ - A No. 24818 of 2015 (Santosh Kumar Mishra And 4 others Vs. STate of U.P. & another) and order dated 15.05.2015 passed by this Court in Special Appeal (Defective) No. 363 of 2015 (Bharat Suman Vs. State of U.P. & 6 others).
Sri Bhanu Pratap Singh, who appears for the opposite party no. 1 has filed an application praying therein that at least four weeks' further time may be granted for compliance of the aforesaid orders passed by this Court in various writ petitions which has been opposed by Sri Shailendra. Learned counsel for the applicant states that it is a delaying tactics of the opposite parties as the entire proceeding for appointment of the applicant and other similarly situated persons are held up due to which teaching work of the Junior Basic School throughout the State is suffering.
Considering the facts and circumstances of the case, four weeks' further time is allowed to opposite parties to comply with the aforesaid orders passed by this Court in its letter and spirit.
List on 17.08.2015.
In case, by that time the aforesaid orders are not complied with and affidavit of compliance is not filed, the opposite parties shall remain present before the Court for framing the charge."
Even after intimation given to the opposite party the order of the writ Court dated 29.5.2014 has not been complied with in its letters and spirit. The matter was again taken up on 21.8.2015 and the following order was passed:
"An affidavit has been filed duly sworn by Sri Sanjay Sinha, Secretary, U.P.Basic Education Board Allahabad.
In paragraph 3 of the affidavit, it is stated that appointment letters to the eligible candidates will be issued by 15th September, 2015. In view of the aforesaid situation, framing of charge is deferred till 15th September, 2015.
List this case on 16th September, 2015. In case, appointment letters are not issued to the all eligible candidates by 15th September, 2015, the opposite parties no. 1 and 2 shall remain present before the court for framing the charge."
The matter was again taken up on 16.9.2015 and the case was adjourned on the request of the learned counsel for the parties fixing 23.9.2015.
Today a supplementary affidavit of compliance has been filed duly sworn by Sri Sanjay Sinha Secretary, U.P. Basic Education Board, Allahabad. In paragraph 4 of the affidavit following averments have been made:
"4. That in compliance of the judgment/order passed byt his Hon'ble Court as many as 15098 eligible candidates have been appointed as Assistant Teacher (Science and Maths) in Parishadiya Junior High Schools in different districts of State out of 29334 vacancies; however the appointment against remaining/ relevant vacancies is under process."
Sri Shailendra, learned counsel for the applicant submits that it has wrongly been stated that 15098 candidates have been appointed. In his submission none of the candidates has yet been permitted to join. On the contrary a stand has been taken in paragraph 4 of the supplementary affidavit of compliance that 15098 eligible candidates have been appointed and remaining candidates are not eligible. The submission is how this stand can be taken by the opposite party when this was the subject matter of the special appeal and special leave to appeal before the Apex Court. Earlier the opposite parties vide order dated 14.7.2015 were directed to remain present before the Court. Thereafter an impleadment application was filed by Shri Shailendra, Advocate to implead Smt. Dimple Verma, Principal Secretary, U.P. basic Education, Lucknow, which was allowed and notice was issued. Sri Bhanu Pratap Singh, learned counsel who appears for the remaining opposite parties was directed to accept notice.
Pursuant thereto an affidavit of compliance has been filed duly sworn by Smt. Dimple Verma,Principal Secretary, U.P. basic Education, Lucknow. adopting the stand taken by the Secretary, U.P. Basic Education Board, Allahabad as has been discussed above which he has stated in paragraph 4 of the affidavit.
Prima facie, alleged compliance of the writ Court's order appears to be an eye wash and the opposite parties are misleading the Court. Taking note of that both the opposite parties are directed to remain present before the Court on 12th October, 2015 pursuant to the order of this Court dated 29.5.2015. They are also directed to file their detailed affidavits, day to day steps taken by them after the order dated 29.5.2015
List on 12th October, 2015.
Order Date :- 24.9.2015
samz
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC