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Chandra Shekhar Singh Yadav v. Director Of Education And Others - WRIT - A No. 18800 of 1999 [2005] RD-AH 1220 (3 May 2005)


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).


Court No. 32

Civil  Misc. Writ Petition No. 18800 of 1999

Chandra Shekhar Singh Yadav                   .......Petitioner.


Director of Education (Secondary)

Varanasi RegionVaranasi and others        ....... Respondents.


Hon'ble Vikram Nath J.

Heard learned counsel for the parties,

The contention of the petitioner is that he was appointed in Adarsh Intermediate College, Ghazipur as Asstt. teacher on 2.10.1982. The said appointment of the petitioner along with six other teacher in same institution was granted approval by the Basic Shiksha Adhikari Ghazipur vide order dated 8.1.1983. With the passage of time the Junior High School was extended and became Intermediate College and also came on the grant in aid of the State Government and payment of salary of the teachers of such institution was covered with the provisions contained in U.P. High Schools and Intermediate Colleges/Payment of Salaries of Teachers and Other Employees) Act, 1971. However when the college came in grant in aid the management stopped taking work from the petitioner and wanted to appoint new teachers. The list forwarded by the management on coming on the grant in aid did not include the name of the petitioner and other three teachers who were already working, viz Sri Ram Nath Ram, Smt. Brinda Devi and Sri Keshav Singh Yadav. The names of all the teachers find place in the approval granted by the Basic Shiksha Adhikari on 8.1.1983 filed as Annexure-4 to the petition. The other three teachers namely Ram Nath Ram, Smt. Brinda Devi and Sri Keshav Singh Yadav filed petition before this Court being Writ Petition No. 34218 of 1998 which was disposed of with the direction to the Joint Director Education Vth Region Varanasi to dispose of the representation of the petitioners (therein) by speaking order after taking comments of Basic Shiksha Adhikari. It has been stated that pursuant to the Direction issued by this Court the said three teachers have been given regular appointment and are continuing in the institution.

In the facts and circumstances of the case it would be appropriate that similar direction be issued in the present case also and let the Joint Director Education Vth Region Varanasi decide the factual controversy raised by the petitioner.

This petition is accordingly disposed of with the direction that the petitioner shall file a representation within a period of one month from today along with certified copy of this order before the Joint Director of Education, Varanasi and upon such representation being filed the said authority shall pass reasoned order after seeking necessary comments from the concerned authority within a period of three months from the date of filing of the representation along with certified copy of this order.




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