Allahabad High Court
Kumari Anima Dixit vs State Of U.P.Thru Secy.Secondary ... on 24 September, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- SERVICE SINGLE No. - 26399 of 2019 Petitioner :- Kumari Anima Dixit Respondent :- State Of U.P.Thru Secy.Secondary Education Dept. Lko & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar,Dharmendra Singh Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J.
Two grievances have been raised in the present writ petition. The first grievance is with respect to regularisation on the post of L.T.Grade Teacher. This claim as per record is under consideration since the year 2012. The position is evident from annexure no.12 to 16 filed alongwith the writ petition. The petitioner has placed reliance upon an order passed by this Court in a similarly circumstanced case. The order passed by this Court in W.P.No.1455(S/S) of 1999 is contained in annexure no.17 to this writ petition.
Learned standing counsel does not dispute the position.
insofar as the claim for regularization is concerned, the same is asserted to be considered under Section 33-F of U.P.Secondary Education Services Selection Board Act, 1982. The issue as to whether the petitioner is entitled to be regularised is a matter to be looked into by the competent authority in accordance with law.
Needless to say that the competent authority shall examine the petitioner's claim by analysing the relevant record as per the statutory parameters.
This court would thus not express any opinion on merit.
Accordingly, while disposing of this writ petition finally, the competent authority is hereby directed to consider the claim of the petitioner in accordance with law after determining her eligibility and entitlement for regularisation under Section 33-F of U.P.Secondary Education Services Selection Board Act, 1982and pass appropriate order expeditiously and preferably within a period of four months from the date a certified copy of this order along with the representation is filed. Further continuance of the petitioner in service shall depend upon the outcome of the order passed by the competent authority. It is expected that the competent authority shall communicate a copy of the order to the petitioner without any delay.
Insofar as the claim as regards payment of arrears of salary is concerned, it is left open to the petitioner to make an appropriate representation before the competent authority separately which shall also be dealt with separately by passing a reasoned and speaking order within the aforesaid period.
With these observations, the writ petition is disposed of.
Order Date :- 24.9.2019 Shahnaz