HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 59795 of 2015
Petitioner :- Shashi Pal Yadav & 14 Others
Respondent :- State Of U.P. & 9 Others
Counsel for Petitioner :- Kamal Kumar Singh
Counsel for Respondent :- C.S.C.,A.K. Singh,A.K. Yadav,B.P. Singh,Manu
Singh,Mohd Shere Ali,Sanjay Kumar Singh,Vikram Bahadur Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The contention of the petitioners is that they have been selected as
Assistant Teachers in Senior Basic Schools. Previously they were also
selected on the posts of Trainee Teacher in Primary Schools. Currently they
are undergoing training. In the meantime the petitioners want to join the
higher post but the respondents are insisting that the petitioners must
resign from the present posts of Trainee Teachers in the Primary School
only then they would be permitted to join the higher post.
In a similar matter i.e. Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others), this Court after hearing the learned Counsel for
the third respondent has passed the following order:
"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."
Put up this case on 23rd November, 2015 along with Writ-A No. 57107 of
2015.
The benefit of the interim order passed in Pooja and others (supra),
extracted hereinabove, is extended to the petitioners also.
Order Date :- 26.10.2015
DS/-
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. - 59795 of 2015
Petitioner :- Shashi Pal Yadav & 14 Others
Respondent :- State Of U.P. & 9 Others
Counsel for Petitioner :- Kamal Kumar Singh
Counsel for Respondent :- C.S.C.,A.K. Singh,A.K. Yadav,B.P. Singh,Manu
Singh,Mohd Shere Ali,Sanjay Kumar Singh,Vikram Bahadur Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The contention of the petitioners is that they have been selected as
Assistant Teachers in Senior Basic Schools. Previously they were also
selected on the posts of Trainee Teacher in Primary Schools. Currently they
are undergoing training. In the meantime the petitioners want to join the
higher post but the respondents are insisting that the petitioners must
resign from the present posts of Trainee Teachers in the Primary School
only then they would be permitted to join the higher post.
In a similar matter i.e. Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others), this Court after hearing the learned Counsel for
the third respondent has passed the following order:
"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."
Put up this case on 23rd November, 2015 along with Writ-A No. 57107 of
2015.
The benefit of the interim order passed in Pooja and others (supra),
extracted hereinabove, is extended to the petitioners also.
Order Date :- 26.10.2015
DS/-
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC