Court No. - 23 Case :- SERVICE SINGLE No. - 23 of 2010 Petitioner :- Virendra Pratap Pathak S/O Shri Ram Nayan Pathak Respondent :- District Basic Education Officer Ambedkar Nagar And Others Petitioner Counsel :- R.S.Pande Respondent Counsel :- C.S.C.,R.P.Verma Hon'ble Shabihul Hasnain,J.
Heard Sri R.S. Pande learned counsel for the petitioner and Sri R.P. Verma
learned counsel for the BSA.
The case of the petitioner is that he is an Assistant Teacher who had joined
C.R. Junior High School, Panti Mansapur, District Ambedkarnagar since July
2008. The petitioner was duly transferred to this post with the approval of the
BSA and he had joined the school and working since then. The petitioner is
also being paid salary of the said post in the college by the BSA. Suddenly the
management of the college sought permission from the BSA to advertise the
same post treating it to be a vacant post. The BSA somehow granted
permission for the selection and the same is going on and the interviews have
taken place.
Sri R.P. Verma has informed that no person has been appointed and selected
till date. He has very fairly informed the court that the post which has been
sought to be advertised is already filled up by way of transfer of the petitioner
in the school.
Learned counsel for the petitioner Sri R.S. Pande says that this post could not
have been advertised and the permission granted by the BSA is illegal.
Looking into the facts of the case this court comes to the conclusion that in
equity and law the interest of the petitioner has to be protected. Accordingly,
the interviews held in pursuance of the advertisement (Annexure no. 2 to the
petition) by which the post on which the petitioner is working has sought to
be filled shall remain stayed till further orders of the court.
The petitioner shall be allowed to continue and paid salary as he was getting
prior to advertisement.
Learned Standing Counsel shall file counter affidavit on behalf of opposite
party nos. 2 and 3.
Issue notice to opposite party no. 4 i.e. Committee of Management, C.R.
Junior High School Panti Mansapur.
Order Date :- 13.1.2010
Om.