Allahabad High Court
Pramod Kumar Tiwari vs State Of U.P. Thru. Prin. Secy. ... on 9 January, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 36729 of 2018 Petitioner :- Pramod Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar,Shashank Singh Counsel for Respondent :- C.S.C.,Ajay Shukla,R.K.S. Suryavanshi Hon'ble Rajesh Singh Chauhan,J.
Sri Ajay Shukla, Advocate has filed short counter affidavit on behalf of opposite party No10, today in the Court, the same is taken on record. By means of this short counter affidavit, it has categorically been submitted that the opposite party No.10 is a regularly selected candidate for the post in question. As per selection of opposite party No.10, she was to submit her joining at Bhartiya Krishak Uchatar Madhyamik Vidyalaya, Neemkarori, District-Farrukhabad, but since one Sri Aniruddha Kumar, a regularly selected candidate from the U.P. Secondary Education Service Selection Board (here-in-after referred to as the "Board"), was discharging his duties with effect from 01.12.2012, therefore, the opposite party No.10 was directed to submit her joining at Chaudhary Ram Bihari Buddha Inter College, Shrawasti. The learned counsel for the opposite party No.10 has submitted that now there is no vacancy at Chaudhary Ram Bihari Buddha Inter College, District-Shrawasti as the regularly selected candidate is discharging his duties there, therefore, this writ petition may be dismissed. Further, the petitioner being adhoc appointee has got no claim after the regular selection has been made. On the other hand, Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Parihar Singh, Advocate has submitted that since the Board recommends the candidate for the Institution in question after verifying the factum of vacancy twice, therefore, the Board may be asked to explain the reasons as to why the opposite party No.10 was recommended for the Institution at Farrukhabad when there was no vacancy over there. Learned counsel for the Board Sri R.K.S. Suryavanshi, prays for and is granted two weeks' time to seek complete instructions in the matter. He shall also produce the relevant record in respect of the requisition being sent in favour of the opposite party No.10. List this petition on 23.01.2019 as fresh.
In the meantime, the learned Additional Chief Standing Counsel may also seek complete instructions from the District Inspector of Schools concerned. Order Date :- 9.1.2019 Suresh/ [Rajesh Singh Chauhan,J.] .
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Court No. - 23 (C.M. Application No. Nil of 2019) In Re:-
Case :- SERVICE SINGLE No. - 36729 of 2018 Petitioner :- Pramod Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar,Shashank Singh Counsel for Respondent :- C.S.C.,Ajay Shukla,R.K.S. Suryavanshi Hon'ble Rajesh Singh Chauhan,J.
Learned counsel for the petitioner has filed affidavit of service, today in the Court, the same is taken on record. It has been informed by learned counsel for the petitioner that since no service of Courier is available at Shrawasti, therefore, the opposite party Nos.7 & 8 could not be served. Further, no notice could be served upon the opposite party No.9 by Courier service. In view of the above, the office is directed to provide Dasti Notices to learned counsel for the petitioner to serve upon the opposite party Nos.7 & 8 outside the Court personally and the opposite party No.9 be served through the registered post. For which, necessary steps be filed by the petitioner within three days. Office to proceed accordingly.
Order Date :- 9.1.2019 Suresh/ [Rajesh Singh Chauhan,J.] .
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Court No. - 23 (C.M. Application No. Nil of 2019) In Re:-
Case :- SERVICE SINGLE No. - 36729 of 2018 Petitioner :- Pramod Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
Counsel for Petitioner :- Meenakshi Singh Parihar,Shashank Singh Counsel for Respondent :- C.S.C.,Ajay Shukla,R.K.S. Suryavanshi Hon'ble Rajesh Singh Chauhan,J.
An application for amendment has been filed by learned counsel for the petitioner, today in the Court, the same is taken on record.
Heard learned counsel for the parties on the application for amendment.
On due consideration, the application is allowed.
Learned counsel for the petitioner is permitted to carry out necessary amendments, within three days.
Order Date :- 9.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]