Court No. - 26 Case :- WRIT - A No. - 1938 of 1992 Petitioner :- A.K.Upadhyay Respondent :- Dios Petitioner Counsel :- H.P.Pandey,K.P.Shukla Respondent Counsel :- S.C. Hon'ble Shishir Kumar,J.
Heard Sri Ashok Khare, Senior Advocate, assisted by Sri H.P.
Pandey and the learned Standing Counsel.
This writ petiton was filed for issuing a writ of mandamus
commanding respondent no.1 for payment of salary since
8.7.1991. The petitioner was appointed on adhoc basis by the
Committee of Management and the papers relating to approval of
the appointment was sent to the District Inspector of Schools for
granting approval for the purpose of payment of salary. No order
was passed. Hence, the present writ petition was filed and this
Court after entertaining the writ petition was pleased to pass
interim order in favour of the petitioner to this effect that the
petitioner will be permitted to continue and will be paid salary. It
has been informed that on the basis of the aforesaid interim order,
the petitioner is still continuing and the salary to the petitioner is
being paid. Now in view of the amendment of Section 33 (a) (b)
(c) of Act No. V of 1982 the petitioner is entitled for consideration
of regularization.
In such a situation, this writ petition is disposed of finally directing
the District Inspector of Schools, Allahabad to forward all the
relevant papers relating to the appointment of the petitioner to the
Regional Level Committee within one month from the date of
production of certified copy of the order and the Regional Level
Committee is further directed to pass appropriate orders regarding
consideration of the claim of the petitioner for regularization
strictly in accordance with law by a speaking order within two
months thereafter.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 1.2.2010
V.Sri/-