Niraj Kumar Singh v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 19433 of 2023 Petitioner :- Niraj Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Respondent :- CSC Hon'ble Vikas Budhwar,J. Heard Sri Rajnish Kumar Srivastava, learned counsel for the petitioner and Sri Saurabh, the learned Standing Counsel, who appears for Respondents 1 and 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the 3rd respondent. The case of the writ petitioner is that the third respondent, Adarsh Sanskrit Uchchatar Madhyamik Vidyalaya Rampur, Jaunpur is a recognized Institution and the provisions of Payment of Salary Act stand applicable. In pursuance of the Government Order dated

21.04.1998, selections were to be made against a vacancy, which had fallen vacant on the post of Assistant Teacher (Adhunik). Permission was sought, but the same was not accorded, and Advertisement was published in widely circulated newspaper in the year 2019. The petitioner claims to have been accorded appointment as an Assistant Teacher (Adhunik) on 25.11.2019. Prayer in the present petition is for a direction for according approval to the appointment of the writ petitioner. Sri Saurabh, learned Standing Counsel submits that the issue which the petitioner seeks to raise needs determination at the first instance by the second respondent, District Inspector of Schools, Jaunpur, the petitioner may represent his cause before the second respondent. He further submits that he does not propose to file any response to the writ petition. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to approach the second respondent, District Inspector of Schools, Jaunpur along with a comprehensive representation accompanied with self-attested copy of the writ petition, who shall, on the receipt of the same, put to notice the third respondent and other deserving candidates and thereafter proceed to consider the grievance of the writ petitioner within a period of three months from the date of production of certified copy of the order bearing in mind the total sanctioned strength, vacancies, eligibility and suitability of the writ petitioner as well as of deserving candidates. With the aforesaid observations the writ petition stands disposed off. Order Date :- 23.11.2023 N.S.Rathour High Court of Judicature at Allahabad