Neutral Citation No. - 2025:AHC:142565 Court No. - 38 Case :- WRIT - A No. - 4391 of 2019 Petitioner :- Jagveer Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Khare (Sr. Advocate),Siddharth Khare Counsel for Respondent :- Ashwini Kumar Mishra,C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel appearing for the 6th respondent. 2. The present writ petition has been filed by the petitioner questioning the order dated 11.01.2019 passed by the 2nd respondent and the order dated 22.06.2017 passed by the 3rd respondent. 3. The petitioner was initially appointed as assistant teacher in LT Grade on 09.07.1992 and accordingly, he joined on 10.07.1992 and papers pertaining to the ad-hoc appointment of the petitioner were submitted to the District Inspector of Schools, Hapur along with covering letter dated 18.07.1992. Despite receipt of the proposals, the respondents have neither passed any order nor released salaries to the petitioner. Aggrieved by the same, the petitioner along with one Nawab Singh approached this Court by way of filing Civil Misc. Writ Petition No.38264 of 1992. The said writ petition was disposed of by this Court on 20.10.1992. Based on the order passed in the above said writ petition, District Inspector of Schools rejected approval for ad-hoc appointment of the petitioner and Nawab Singh vide order dated 03.03.1993. As against the said order, the petitioner and Nawab Singh preferred Writ-A No.16620 of 1993 wherein interim order was passed by this Court on 11.05.1993 with direction to the respondents to release salaries to the petitioners therein and further order was also passed on 26.07.1995 restraining the respondents from interfering with the functioning of the petitioner as assistant teacher in LT Grade, in Bapa Rawal, Higher Secondary School, Hapur and also directed to pay salaries to the petitioner month to month in accordance with law. Thereafter, the respondents released salaries of the petitioner from 01.01.1996 onwards. 4. The petitioner filed an amendment application in the said writ petition for release of arrears of salaries from 10.07.1992 to December, 1995 with further prayer to regularize his services as per Section 33-C of the Uttar Pradesh Secondary Education (Services Selection Boards) Act, 1982 (U.P. Act No.5 of 1982). The said writ petition was disposed of vide order dated 10.05.2013 holding that the petitioner was appointed in the sanctioned post. Hence, the respondents may consider his case for regularization under the provisions of the Act. Consequent upon the said directions, the respondents have passed the order rejecting claim for arrears of salaries on 11.01.2019 and also rejected regularization of appointment of the petitioner on 22.06.2017. 5. Feeling aggrieved by the above said orders, the petitioner is before this Court. 6. Learned counsel for the petitioner has submitted that earlier writ petitions were filed by the petitioner as well as Nawab Singh, hence the respondents considered the case of the petitioner and Nawab Singh vide order dated 22.06.2017. In the said order, the respondents have rejected the claim of the petitioner for regularization only on the ground that salaries of the petitioner from first appointment i.e. 10.07.1992 to December, 1995 has not been updated, hence the respondents rejected the claim for regularization under the provisions of the Act. 7. Now in view of the averments made in the counter affidavit filed by the respondents, it is made clear that District Inspector of Schools, Hapur, vide letter dated 19.03.2024 has requested Director of Education (Secondary), U.P. Siksha Arth (1), Anubhag, Allahabad, recommending for release of arrears of salaries to the petitioner and Director of Education vide order dated 29.05.2024 has directed District Inspector of Schools to remove defects and submit fresh proposals. After submitting fresh proposals, Director of Education on 12.12.2024 granted budget for release of arrears of salaries to the petitioner. Accordingly, the financial controller, Directorate of Education U.P. Prayagraj vide order dated 17.12.2024 has also allotted budget to District Inspector of Schools, Hapur. Accordingly, arrears were paid to the petitioner on 18.01.2025. 8. In view of the said factual circumstances, as the ground taken for rejection of the petitioner's regularization has been removed, hence the petitioner is entitled for regularization of his services as per Section 33-C of the U.P. Act No.5 of 1982. Learned counsel for the respondents has not denied the said aspect and only submitted that earlier as on date of rejection, salaries of the petitioner from initial appointment from 10.07.1992 to December, 1995 were not updated. In view of the said circumstances, the authorities have rightly considered and rejected the claim of the petitioner. 9. Considering the submissions made by learned counsel for the parties and taking into consideration of the averments made in the counter affidavit at paragraph no.8, as rejection of the claim of the petitioner under Section 33 C of the U.P. Act No.5 of 1982 is only on the ground of not updating salaries from 10.07.1992 to December, 1995, the said defect has already been WRIA No. 4391 of 2019 2 removed by paying arrears of salaries. Hence, the impugned order dated 11.01.2019 passed by the 2nd respondent and the order dated 22.06.2017 passed by the 3rd respondent are set aside, remanding the matter to the 3rd respondent - Joint Director of Education, Meerut to consider the case of the petitioner and pass appropriate orders under Section 33 C of the U.P. Act No.5 of 1982 within a period of two months from the date of receipt of copy of this order. 10. Accordingly, the present writ petition is disposed of. Order Date :- 20.8.2025 rkg (Donadi Ramesh, J.) WRIA No. 4391 of 2019 3 Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad