Rajesh Yadav vs State Of U P And Others

Court No. - 39

Case :- WRIT - A No. - 12670 of 2019 Petitioner :- Rajesh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2 & 3 and Sri Syed Nadeem Ahmad, learned counsel for respondent No. 4.

Considering the nature of order proposed to be passed, there is no need to issue notice to respondent No. 5.

Learned counsel for the petitioner submitted that there is an educational Institution run by a Society namely Sri Durgaji Navyug Vidya Mandir, Para, Kurthijafarpur, Tehsil-Ghosi, District- Mau (hereinafter referred to as the 'Institution') duly registered under the Societies Registration Act, 1860. In the said Institution, 18 posts of Assistant Teacher are sanctioned and one Sri Nagendra Rai, Assistant Teacher retired on 30.06.2014. Committee of Management had issued advertisement in two newspapers inviting application for filling the said post of Assistant Teacher. Petitioner being fully qualified, submitted application and interview was held on 20.07.2014. Selection Committee recommended the name of petitioner and respondent no.5-Committee of Management has resolved to send papers for approval to respondnet no.4. Respondent no.4 vide letter dated 4.8.2014 granted approval to the appointment of petitioner and accordingly, respondent no.5 issued appointment letter dated 5.8.2014 to petitioner. Papers were also forwarded to respondent no.3 for financial approval and after verifying the papers, he has forwarded the same to respondent no.2 on 16.05.2016 for necessary action. After verifying the same, respondent no.2 forwarded the papers to respondent no.1 on 21.12.2017 for taking final decision with regard to financial approval of appointment of petitioner, but till date no decision has been taken. Lastly, it is submitted that a suitable direction may be issued to respondent No. 1 to take decision on the recommendation made by respondent No. 2.

Learned standing counsel submitted that respondent no.1 shall take decision upon the recommendation dated 21.12.2017 made by respondent No. 2 strictly in accordance with law.

Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 1 to take decision in the matter of petitioner strictly in accordance with law within two months from the date of production of certified copy of this order.

It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the case of the petitioners after considering the facts as well as relevant Rules and Government Order etc. occupying the field.

Order Date :- 13.8.2019 Sartaj