Court No. - 24 Case :- SERVICE SINGLE No. - 8438 of 2009 Petitioner :- Yogendra Swaroop Bhatnagar Respondent :- State Of U.P. Thu. Principal Secretary,Department Of Petitioner Counsel :- Alok Kr. Misra Respondent Counsel :- C.S.C Hon'ble Rajiv Sharma,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
With the consent of learned counsel for the parties, the writ petition is
being disposed of finally.
Learned counsel for the petitioner submits that the petitioner while
working as Guest Speaker at Government Industrial Training Institute,
Rampur, was disengaged. He submits that similarly situated persons,
who were working as Guest Speaker and were disengaged, preferred
writ petition before this Court. This Court, vide order dated 10.1.2008,
directed the State Government to consider the number of vacancies
available where no selection has yet been held and allow the Guest
Speaker on vacant posts. In pursuant thereof, the Principal Secretary,
Government of U.P., vide order dated 18.6.2008, directed the opposite
party No.2-Director, Training and Employment Directorate, Guru Govind
Singh Marg, Lucknow to allow the Guest Speakers on the vacant post in
the same institution and if vacancies are not available in the same
institution, then, they shall be adjusted in nearby districts.
Learned counsel for the petitioner submits that in pursuant to the order
dated 10.1.2008 passed by this Court and the order dated 18.6.2008
passed by the Principal Secretary, opposite parties did not allow the
petitioner to work and as such, he preferred a writ petition, which was
numbered as writ petition No. 2022 of 2009 (SS) and this Court, vide
order dated 2.12.2008, directed the opposite party No.2 to decide the
representation of the petitioner but the opposite party No.2, without
considering the order passed by this Court on 10.1.2008 and the order
dated 18.6.2008 passed by the State Government, rejected the
petitioner’s representation by the order dated 12.3.2009. inter alia on the
grounds that the petitioner will not be allowed to perform the duty in
other district. Feeling aggrieved, the petitioner preferred the instant writ
petition.
Learned counsel for the petitioner submits that the petitioner is ready to
work as Guest Speaker in any other district where the vacancy is
accrued.
In view of the above, it is provided that in case the petitioner is
interested in working as Guest Speaker in any other district where the
vacancy is accrued, he will file an application, bringing therein the name
of the district where the vacancy is accrued, before the competent
authority and if such application is moved, the competent authority is
directed to consider the case of the petitioner and if there is no vacancy
in any other district, his case will be considered in accordance with law.
The writ petition is disposed of finally.
Order Date :- 13.1.2010
Ajit/-