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Yogesh Kumar Sharma v. State Of U.P. And Others - WRIT - A No. 30599 of 2007 [2007] RD-AH 12059 (16 July 2007)


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).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner  and Sri Manish Goyal appearing for the respondents 3 and 4.

By this writ petition the petitioner has prayed for quashing the order dated 22.6.2007 by which order the petitioner has been informed by the Manager that the petitioner has been relieved automatically. The order further mentions that sections of Intermediate has been reduced.  Learned counsel for the petitioner challenging the order  contended that the petitioner was engaged  as part time teacher with effect from 27.7.1999 and he has been continuously regularly  teaching as part time teacher.  Learned counsel for the petitioner submitted that the order dated 22.6.2007 is nothing  but removal of the petitioner from service. Sri Manish Goyal appearing for the respondents contended that the petitioners services has been terminated  because of reduction of Intermediate sections and there is no requirement   of part time teacher and no other part time teacher has been appointed so far for Hindi subject.  In the supplementary affidavit the learned counsel for the petitioner has brought on record a copy of the government order dated dated 10.8.2007 by which the service conditions of part time teacher has been provided by the State Government.  Clause 9 of the said  Government order  clearly states that the District  Inspector of Schools  will consider the representation of the petitioner who is aggrieved by any action of the Management with regard to his removal from service.

In the facts of the present case ends of justice be served in disposing of the writ petition giving liberty to the petitioner to make a representation to the District  Inspector of Schools  against the action of the Management who after giving notice and opportunity to the Committee of Management take appropriate decision in accordance with law.

The writ petition is disposed of with the aforesaid direction.  




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