HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 60107 of 2015
Petitioner :- Vinay Kumar And 2 Others
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Kamal Kumar Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Ras Bihari Pradhan,Syed
Nadeem Ahmad,Vikram Bahadur Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners are three 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),
whrein 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."
Respondents may file counter affidavit within six weeks. Rejoinder, if any,
within a week thereafter.
Tag this writ petition with Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others).
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 :- 27.10.2015
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. - 60107 of 2015
Petitioner :- Vinay Kumar And 2 Others
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Kamal Kumar Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Ras Bihari Pradhan,Syed
Nadeem Ahmad,Vikram Bahadur Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners are three 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),
whrein 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."
Respondents may file counter affidavit within six weeks. Rejoinder, if any,
within a week thereafter.
Tag this writ petition with Writ-A No. 57107 of 2015 (Pooja and others v.
State of U.P. & others).
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 :- 27.10.2015
ssm
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC