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Ravi Prakash Pathak v. J.D.E. & Others - WRIT - A No. 422 of 2000  RD-AH 7676 (25 April 2007)
Civil Misc. Writ Petition No. 422 of 2000
Ravi Prakash Pathak
Joint Director of Education, Varanasi Region,
Varanasi and others
Hon'ble Vineet Saran, J.
Heard Sri G.K.Singh, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no.1 and 2. Pleadings have been exchanged. Although Sri V.K.Rai has put in appearance on behalf of respondent no.3, Committee of Management but he is not present, even when the case has been taken up in the revised list.
The brief facts of this case are that the petitioner was appointed as Physical Instructor on ad-hoc basis on 8.6.1992. He joined duty on 1.7.1992. Thereafter the papers regarding appointment of the petitioner were forwarded by the Committee of Management to the District Inspector of Schools for financial approval. Since no decision was taken by the District Inspector of School, the petitioner filed writ petition no.26552 of 1992, which was allowed by judgment and order dated 1.9.1995, whereby direction was issued to the respondents to make payment of salary to the petitioner. The petitioner is continuously working regularly and is being paid his salary. In the year 1998 amendment was brought in the Act No. 5 of 1982 and by virtue of insertion of section 33-C, certain appointments were to be regularized. Thus the petitioner applied for regularization under section 33-C(2) of the Act No. 5 of 1982. When no action was taken on his application, he filed writ petition no. 11779 of 1999 which was disposed of by this Court on 23.3.1999 with the direction to the respondent no.1 to take suitable action within three months. Pursuant thereto, by order dated 30.10.1999 the Joint Director of Education, Varanasi Region, Varanasi, respondent no.1 passed the order rejecting the claim of the petitioner, which has been impugned in this writ petition. A further prayer has been made for regularizing the services of the petitioner on the post on which he has been continuously working since 1992.
A perusal of the said order dated 30.10.1999 passed by the respondent no.1 shows that the Committee constituted under section 33-C(2) had found the petitioner to be working regularly since the date of his initial appointment i.e. 1.7.1992 but held that the case of the petitioner could not be considered as the papers relating to the regularization of service of the petitioner had not been forwarded by the Committee on the requisite Form-Ja. It is unfortunate that although the petitioner may be entitled to the benefit of section 33-C(2) of the Act No.5 of 1982 but because of technical lapse on the part of the Committee of Management in not sending the requisite information in Form-Ja the petitioner is being deprived of such benefit.
In such circumstances, the order dated 30.10.1999 rejecting the case of regularization of the petitioner is quashed. The matter is remanded back to the Regional Level Committee constituted under section 33-C(2) of the Act No. 5 of 1982 of which the Joint Director of Education, Varanasi Region, Varanasi, respondent no.1, is the Chairman, for fresh consideration in accordance with law. It is further directed that the Committee of Management, respondent no.3 shall provide necessary information with regard to regularization of the petitioner in Form-Ja, within one month from the date of presentation of a certified copy of this order before said respondentno.3, Committee of Management, Shri Moti Lal Nehru Inter College, Basupur, Ghazipur, failing which the educational authorities shall be at liberty to take suitable action against the Committee of Management, in accordance with law. It is further directed that the respondent no.1 shall place the matter for regularization of the petitioner before the Regional Level Committee within six weeks from the date when the requisite information in Form-Ja is furnished by the Committee of Management and pass appropriate order, in accordance with law.
With the aforesaid directions, this writ petition stands allowed. No order as to cost.
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