Court No. - 26 Case :- WRIT - A No. - 15061 of 1992 Petitioner :- Hari Karan Singh Respondent :- D.I.O.S. & Another Petitioner Counsel :- Raj Kumar Jain,Rahul Jain Respondent Counsel :- S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel. Initially the writ petition was filed for quashing
the order dated 6.1.1992 passed by the District Inspector of
Schools, Annexure-6 to the writ petition rejecting the claim of the
petitioner granting approval to the appointment of the petitioner.
The petitioner filed this writ petition and on 20.4.1992, this Court
had passed an interim order in favour of the petitioner. The
petitioner submits that in view of the interim order of this Court,
the petitioner is still working and salary to the petitioner is being
paid. Now an amendment application has been filed by the
petitioner that in view of the amendment incorporated in Act No.5
of 1982, Section 33-C (1) (a) (i) has been inserted and therefore,
the petitioner is entitled for consideration for regularization. The
Committee of Management has already forwarded the relevant
papers to the District Inspector of Schools but the District
Inspector of Schools has not forwarded the same to the Regional
Level Committee for the purpose of consideration to that effect.
In such circumstances, this writ petition is being disposed of
finally directing the District Inspector of Schools to forward all the
relevant papers to respondent no. 4 within two weeks from the date
of production of certified copy of the order and if such papers are
sent, respondent no.4 is directed to consider and pass appropriate
orders in accordance with law relating to the regularization of the
petitioner under the provisions of the Act and will pass a detailed
and reasoned order within two months from the date of receipt of
the relevant record.
Till the decision taken by the respondent no. 5 the petitioner will
be permitted to continue and will be paid salary .
While considering the claim of the petitioner the rejection by the
District Inspector of Schools relating to adhoc appointment of the
petitioner will not be taken into consideration.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 11.1.2010
V.Sri/-