Over 2 lakh Indian cases. Search powered by Google!

Case Details

SURENDRA NATH PATHAK versus STATE OF U.P.AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Surendra Nath Pathak v. State Of U.P.And Others - WRIT - C No. 12131 of 1984 [2006] RD-AH 3608 (15 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.31

CIVIL MISC. WRIT PETITION NO. 12131 OF 1984

Surendra Nath Pathak and others                           ....  Petitioner

Versus

State of U.P. and another.                                   ....Respondents

-----------  

Hon'ble Bharati Sapru, J.

Under the interim order passed by this Court on 4.4.85, it was directed that the opposite parties would pay the salary of the petitioners during the pendency of the writ petition.  

This Court passed an interim order in writ petition filed by the Society being Writ Petition No.2265 of 1977 in which the below noted order was passed on 21.5.83. :-

"Heard learned counsel for the                                          applicant and   the learned Standing Counsel.  The applicant is permitted to make ad-hoc appointments on the vacancies in the College following the procedure prescribed by Section 16-FF of the U.P. Intermediate Education Act, 1921.  In the appointment letter issued, it should be specifically mentioned that the appointment is purely ad-hoc and shall be subject to ultimate result of the writ petition.  The teachers so appointed shall be paid by the District Inspector of Schools in accordance with law."

The petitioner, therefore, started working  from that date. Thereafter, they moved the present writ petition No.12131 of 1984 in which an interim order was passed on 4.4.85 for payment of salary to the petitioners No.1,2 & 3.

As a result of these interim orders, the petitioners have put in more than 20 years of service except the petitioner No.2 who has left the institution.  

Learned counsel for the petitioner has placed on record a letter issued by the District Inspector Of Schools dated 29.9.97 from which it is disclosed that the petitioner had been declared as a minority institution under Article 30 of the Constitution of India and, therefore, it is stated that the regularization of the petitioner does not require any approval from the District Inspector Of Schools.  

In view of the facts and circumstances as stated above, I do think that it would be acceptable that the petitioner who has put in such lengthy service should now be considered for regularization and be granted due regularization by the authority concerned.  They will be continued to be paid salaries until such orders of regularization passed by the authority concerned.  

Learned Standing Counsel has, however, urged that no post is vacant to absorb these teachers.  However, since the teachers have put in more than 20 years of service, there is requirement and need of these teachers and their regularization shall be considered.   They will continue to receive salary and all other benefits.  

With this direction this writ petition is finally disposed of.

Dated : 15.2.06

L.F.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.