Allahabad High Court
Kausalendra Prasad Mishra vs D.I.O.S. Basti And Others on 22 January, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- WRIT - A No. - 32696 of 1990 Petitioner :- Kausalendra Prasad Mishra Respondent :- D.I.O.S. Basti And Others Counsel for Petitioner :- Jokhan Prasad,K.S. Pandey Counsel for Respondent :- C.S.C. Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri K.S. Pandey, for the petitioner and the Standing Counsel for the respondents.
The writ petition has been filed for a mandamus directing the respondents to permit the petitioner to continue as ad hoc teacher in L.T.Grade in Sri Mahajan Uchchattar Madhyamik Vidyalaya Pandey Bazar, Basti, and to pay the salary from the date of his appointment i.e. 3.3.1990.
At the time of filing of the writ petition, this Court granted an interim order dated 11.12.1990. The counsel for the petitioner submits that on the basis of the interim order dated 11.12.1990 the petitioner is continuing in service in the college and is regularly working on the post on which he was appointed. He points out that in the similar circumstances, a Division Bench of this Court in Special Appeal No.345 of 2013 (Shambhoo Saran Singh and another vs. D.I.O.S. and others)decided on 21.2.2013 and a learned Single Judge in the matter relating to the same college in Writ A No.3841 of 1990(Chauharaj Pd. Shukla vs. D.I.O.S. Basti), decided on 6.2.2013, have directed the respondents to consider the claim of the petitioner for regularisation on the post in accordance with the provisions of Section 33-B of U.P. Secondary Education Services Selection Board Act, 1982.
The controversy in this writ petition is fully covered by the aforementioned judgments of this Court. Accordingly, the writ petition is disposed of with the direction to the petitioner to file a representation before the Regional Selection Committee, Basti for regularising him on the post he is working. In case representation is filed within a period of one month from today, the Regional Selection Committee shall consider the case of the petitioner for regularisation in accordance with law and decide the same within another period of two months from the date of filing of the representation.
In the meantime, the interim order granted earlier by this Court shall continue.
Order Date :- 22.1.2014 mt