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GANPAT SINGH versus DISTRICT INSPECTOR OF SCHOOLS BULANDSHAHR

High Court of Judicature at Allahabad

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Ganpat Singh v. District Inspector Of Schools Bulandshahr - WRIT - A No. 12071 of 1993 [2004] RD-AH 146 (18 March 2004)

 

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.23

Civil Misc. Writ Petition No.12071 of 1993

Ganpat Singh Vs. District Inspector of Schools,

Bulandshahar and another

***

Hon'ble V.C. Misra, J.

This writ petition was filed by the petitioner with a prayer that the respondents be directed to treat the petitioner as ad hoc Assistant Teacher in L.T. Grade with effect from 1.7.1992 and pay his salary and emoluments regularly.

A counter affidavit has been filed on behalf of the respondents. However, vide order dated 2.9.1993 of this Court the District Inspector of Schools was directed to examine whether the petitioner was appointed with effect from 1.7.1992 or his appointment was made on any other date after promulgation of Ordinance No.19 of 1992, whereby Section 18 of U.P. Act No.5 of 1982 was amended on 14th July, 1992 by U.P. Act No.1 of 1992 and also to examine whether any ban was operating on that date or not. The District Inspector of Schools was also directed to take a decision in the same matter and ensure payment of salary to the petitioner within six weeks. In consequence of the said order, the District Inspector of Schools, Bulandshahar vide its order dated 11.1.1994 granted financial approval for a newly created post on 25.3.1992 in the subject of Mathematics from the date the petitioner had taken over the charge.

The petitioner has filed an amendment application praying therein for regularization of his services in terms of Section 33 (c) (a) (i) of U.P. Act No.5 of 1982 (as amended) belonging to a trained graduate grade. A copy of the amendment application was filed on 21.7.1999 with a copy duly served upon the learned standing counsel, but no counter affidavit to the amendment application has been filed on behalf of the respondents.

With the consent of the parties, the case is finally decided.

The petitioner shall file a representation along with copy of the complete writ petition including the amended portions as well as other relative documents before the respondent No.1 who shall take necessary steps in respect with the regularization of the petitioner's services in accordance with law after placing the matter before the duly constituted regional Selection Committee under Section 33 C (2) of U.P. Act No.5 of 1982 (as amended) preferably within a period of three months from the date a certified copy of this order is submitted before it.

With these observations, the writ petition is disposed of with no order as to costs.

March 18, 2004

Hasnain


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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

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