HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 60625 of 2015
Petitioner :- Mritunjaya Singh And 27 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Vijay Kumar Singh,Hritudhwaj Pratap Sahi
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Jay Ram Pandey,Mohd
Shere Ali,Pranesh Dutt Tripathi,Ram Prakash Shukla
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners are Twenty Eight in number. They have a common grievance.
All the petitioners claim that they have been selected as Assistant Teacher
in the Senior Basic School. They have sought relief for direction upon the
respondents not to insist them for their resignation from Primary School
after their joining in Senior Basic Schools at their respective districts.
Learned counsel for the petitioner has drawn attention of the Court to an
order passed by this Court in respect of similarly placed persons in Writ-A
No. 57107 of 2015 (Pooja and others v. State of U.P. & others) wherein this
Court has granted an interim protection to the petitioners therein by an
order of the date i.e. 13th October, 2015, which reads as under:
"The petitioners are twenty two in number. They claim that they have been
selected as Trainee Teachers in pursuance of an advertisement dated 30th
November, 2011, wherein 72825 posts were advertised. It is stated that
thereafter another advertisement was issued on 11th July, 2013 calling
applications for 29334 posts of Assistant Teachers (Mathematics & Science)
in Senior Basic Schools, which are in the higher pay scale.
The grievance of the petitioners is that being eligible for the posts of
Assistant Teachers (Mathematics & Science) they had applied in pursuance of
the subsequent advertisement also, wherein they have been selected.
However, the respective District Basic Education Officers are not returning
the original documents/educational testimonials of the petitioners unless
the petitioners resign from the posts of Trainee Teacher.
It is contended that the said condition is arbitrary as
there is no
statutory requirement.
Learned Counsel for the respondents has failed to point out any statutory
provision or the executive order imposing such type of condition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the State
functionaries, Sri P.D. Tripathi, learned Advocate appears for respondent
nos. 3 & 9, and District Basic Education Officers of various districts i.e.
respondent nos. 4 to 14 are represented by their respective Counsel.
As prayed by learned Standing Counsel, six weeks' time is granted to file
counter affidavit. Other respondents may also file their counter affidavit
within the same period. Rejoinder affidavit, if any, may be filed within a
week thereafter.
List this case on 23rd November, 2015.
The respondents will not insist the petitioners to tender their resignation
as trainee teacher till the next date of listing."
All the respondents may file counter affidavit on or before the next date
of listing.
Tag this writ petition with Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others) and list the matter on 23rd November, 2015.
The benefit of the interim order passed in the case of Writ-A No. 57107 of
2015 (Pooja and others v. State of U.P. & others)(supra), quoted
hereinabove, is extended to the petitioners also.
Order Date :- 29.10.2015
ssm
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC
Court No. - 7
Case :- WRIT - A No. - 60625 of 2015
Petitioner :- Mritunjaya Singh And 27 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Vijay Kumar Singh,Hritudhwaj Pratap Sahi
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Jay Ram Pandey,Mohd
Shere Ali,Pranesh Dutt Tripathi,Ram Prakash Shukla
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners are Twenty Eight in number. They have a common grievance.
All the petitioners claim that they have been selected as Assistant Teacher
in the Senior Basic School. They have sought relief for direction upon the
respondents not to insist them for their resignation from Primary School
after their joining in Senior Basic Schools at their respective districts.
Learned counsel for the petitioner has drawn attention of the Court to an
order passed by this Court in respect of similarly placed persons in Writ-A
No. 57107 of 2015 (Pooja and others v. State of U.P. & others) wherein this
Court has granted an interim protection to the petitioners therein by an
order of the date i.e. 13th October, 2015, which reads as under:
"The petitioners are twenty two in number. They claim that they have been
selected as Trainee Teachers in pursuance of an advertisement dated 30th
November, 2011, wherein 72825 posts were advertised. It is stated that
thereafter another advertisement was issued on 11th July, 2013 calling
applications for 29334 posts of Assistant Teachers (Mathematics & Science)
in Senior Basic Schools, which are in the higher pay scale.
The grievance of the petitioners is that being eligible for the posts of
Assistant Teachers (Mathematics & Science) they had applied in pursuance of
the subsequent advertisement also, wherein they have been selected.
However, the respective District Basic Education Officers are not returning
the original documents/educational testimonials of the petitioners unless
the petitioners resign from the posts of Trainee Teacher.
It is contended that the said condition is arbitrary as
there is no
statutory requirement.
Learned Counsel for the respondents has failed to point out any statutory
provision or the executive order imposing such type of condition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the State
functionaries, Sri P.D. Tripathi, learned Advocate appears for respondent
nos. 3 & 9, and District Basic Education Officers of various districts i.e.
respondent nos. 4 to 14 are represented by their respective Counsel.
As prayed by learned Standing Counsel, six weeks' time is granted to file
counter affidavit. Other respondents may also file their counter affidavit
within the same period. Rejoinder affidavit, if any, may be filed within a
week thereafter.
List this case on 23rd November, 2015.
The respondents will not insist the petitioners to tender their resignation
as trainee teacher till the next date of listing."
All the respondents may file counter affidavit on or before the next date
of listing.
Tag this writ petition with Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others) and list the matter on 23rd November, 2015.
The benefit of the interim order passed in the case of Writ-A No. 57107 of
2015 (Pooja and others v. State of U.P. & others)(supra), quoted
hereinabove, is extended to the petitioners also.
Order Date :- 29.10.2015
ssm
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC