Court No. - 22 Case :- SERVICE SINGLE No. - 8030 of 2008 Petitioner :- Manish Pratap Singh S/O Sri Ashok Kumar Singh Respondent :- State Of U.P.Through Secretary Secondary Education & Ors Petitioner Counsel :- H.G.S.Parihar Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner ,who was appointed by adopting the procedure as
contemplated under law for making appointment on the post of Assistant
Teacher L.T.Grade in two daily news papers and the petitioner was selected
having high quality points and marks on the post of Assistant Teacher
L.T.Grade, which had fallen vacant on account of retirement of Sri Surya Pal
Singh, Assistant Teacher L.T.Grade on 30.6.2008. Requisition to the Board
was forwarded on 12..4.2008.
Submission of learned counsel for the petitioner is that the petitioner is
working continuously since 28.8.2008 but he has not been paid his salary on
account of the fact that at the relevant period of time the case of Rakesh
Chandra Misra was referred to the larger Bench.
Now the controversy has been decided by this Court in the case of Daya
Shanker Mishra Vs. District Inspector of Schools and others, Civil Misc.
Writ Petition No. 20843 of 2002 (Allahabad) decided on 31.3.2010.
Therefore, in the opinion of the Court, the petitioner is entitled for salary in
the aforesaid back ground and in view of the directions given by the Division
Bench in the aforesaid case.
In these circumstances, the operation of the impugned order dated 18.11.2008
shall remain stayed and the opposite parties are directed to make payment of
salary to the petitioner including arrears of salary. However, the appointment
of the petitioner shall survive till any regularly selected candidate comes and
joins.
Order Date :- 2.8.2010
BLY