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Rajendra Prasad Sharma v. State Of U.P. And Others - WRIT - A No. 22214 of 2007 [2007] RD-AH 9050 (11 May 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 V. K. Shukla, J.

Learned Standing Counsel has accepted notice on behalf of respondent Nos.1 to 4. Sri Shesh Kumar, Advocate, has entered appearance on behalf of respondent No. 5

Each one of respondents is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter along with record of writ petition No.39773 of 2004.

It has been contended by petitioner that since 01.07.1987, he has been performing and discharging duties as Assistant Teacher, and as per relevant Government Order, the incumbents who have completed ten years service are entitled to selection grade. Petitioner has contended that in between on account of dispute being raised from the Management, selection grade had not been accorded to him. However, ultimately, on subsequent occasion selection grade has been accorded to petitioner. Petitioner further submits that in spite of the fact that there is no provision of review, Joint Director of Education, Agra Region, Agra has proceeded to entertain review application and has proceeded to issue directives vide order dated 03.04.2007, wherein it has been mentioned that after examining documents submitted by the management, service of petitioner has not been satisfactory and further in the year 2004, petitioner had indulged in illegal activities in Board's examinations, as such payment of selection grade be withheld. It has been further directed that in case it is reflected from the documents of the  management that petitioner is not entitle to selection grade, the order dated 25.09.2006 be cancelled with immediate effect.

Fact of the matter is that full fledged  exercise was undertaken on earlier occasion, while granting selection grade to the petitioner, and in the order dated 03.04.2007 it has not been disclosed as to what are the short comings there in the order dated 25.09.2006; coupled with this, there is no power of review under U.P. Intermediate Education Act, 1921, as such till the next date of listing operation of impugned order dated 03.04.2007 shall be kept in abeyance.


SRY. 22214 /07


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