Allahabad High Court High Court

Manoj Singh Chauhan vs State Of U.P. And Others on 22 July, 2010

Allahabad High Court
Manoj Singh Chauhan vs State Of U.P. And Others on 22 July, 2010
Court No. - 18

Case :- WRIT - A No. - 42322 of 2010

Petitioner :- Manoj Singh Chauhan
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Khalil Ahmad Ansari
Respondent Counsel :- C. S. C.

Hon'ble Arun Tandon,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.

Petitioner was appointed as teacher for the intermediate classes of Ganna
Kisan Intermediate College, Saidpur Harshu Nagla, Baheri, Bareilly in terms
of the Government Order dated 10th August, 2001 which provides for terms
and conditions of such appointment of teachers in institution, which are
granted recognition under Self-Finance. Such recognition is referable to
Section 7A and appointment of part time teachers is referable to Section 7-AA
of the U.P. Intermediate Education Act, 1921.

By means of the order dated 3rd June, 2010, the Management of the
institution has informed the petitioner that his services have been terminated
because of his continuous absence without leave since 1st July, 2007. It is
against this order that the present writ petition has been filed.

I am of the considered opinion that in terms of the Government Order dated
10th August, 2001, the grievance of the petitioner can be more appropriately
examined by respondent no.3 at the first instance.

Accordingly, the present writ petition is disposed of by providing that the
petitioner may make a representation ventilating his grievances, supported by
such documents as may be advised, before respondent no.3 within two weeks
from today, along with a certified copy of this order. On such representation
being made, respondent no.3 shall consider and decide the same, in
accordance with law by means of a reasoned speaking order, preferably
within six weeks from the date the representation is made after affording
opportunity of hearing to the Committee of Management.

(Arun Tandon, J.)

Order Date :- 22.7.2010
Sushil/-