Court No. - 26 Case :- WRIT - A No. - 14884 of 1992 Petitioner :- Smt. Santosh Tyagi And Anr. Respondent :- The Regional Inspectress Of Girls Schools And Ors. Petitioner Counsel :- Raj Kumar Jain,Rahul Jain Respondent Counsel :- S.C. Hon'ble Shishir Kumar,J.
Heard Sri Rahul Jain, learned counsel for the petitioner and Sri
M.H. Khan, learned counsel for the respondents.
This writ petition was filed by the petitioners for issuing a writ of
mandamus commanding the respondents to pay salary to the
petitioners who were appointed on adhoc basis as L.T. Grade
teachers. Subsequently, by way of amendment a prayer has been
added commanding the respondent no.4 to consider the claim of
the petitioner for regularization under Section 33 (C) of the U.P.
Secondly Education Service Selection Board Act 1982. It appears
that the petitioners were given adhoc appointment and salary was
not being paid and no orders were passed by the District Inspector
of Schools approving or disapproving the appointment of the
petitioners, as such the petitioners filed the present writ petition.
This Court after entertaining the writ petition was pleased to pass
an order dated 28.4.1992 that until further orders of the court the
respondents are directed to pay salary to the petitioners as adhoc
teachers as and when falls due. Submission of the petitioners is
that from the date of initial appointment, the petitioners are
working on the post and in pursuance of the interim order passed
by this Court, they are getting salary. Now in view of insertion of
Section 33 (C) of the Act the petitioners are entitled to be
considered for regularization on the said post.
In view of the aforesaid fact, after hearing the learned counsel for
the parties, this writ petition can be disposed of finally directing
the District Inspector of Schools to forward all the relevant papers
relating to the appointment of the petitioners to the Regional Level
Committee within a period of one month from the date of
production of certified copy of the order to the competent authority
to consider the clam of the petitioners for regularization strictly in
accordance with law within three months thereafter. Till the
consideration is made by the relevant authority, the petitioners will
be permitted to continue.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 6.1.2010
V.Sri/-