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2025 DAILYLAW 31732 (ALL)

DHIRENDRA BAHADUR PAL AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/10674/2021 · 2025-05-18

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83347 Court No. - 6 Case :- WRIT - A No. - 10674 of 2021 Petitioner :- Dhirendra Bahadur Pal And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Milan Mishra,Shantanu Khare,Sr. Advocate Counsel for Respondent :- Ashok Kumar Singh,Atul Kumar Shahi,Bashisth Narain Pandey,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ram Milan Mishra and Sri B.N. Pandey, learned advocates for petitioners, Sri Brijendra Mani Shukla, learned Standing Counsel and Sri Atul Kumar Shahi, learned counsel for respondents. 2. Learned advocates for petitioners are not able to convince this Court that when for the first time, petitioners - 1 to 3 were appointed on contractual basis for post of Itinerant Teachers way back in the year 2006, they have possessed all qualifications either on date of advertisement or on the date of submitting application form i.e. a diploma course though they acquired said diploma afterwards or when they were appointed on 06.11.2006. 3. It is not disputed that despite not being fully qualified, they were appointed and their contracts were renewed on yearly basis till 2021 when they have suffered with an inquiry and since their initial appointment on contract basis was not legally correct, therefore, their contracts were not renewed thereafter. 4. So far as petitioner-4 is concerned, he was also appointed in same recruitment process on contractual basis, however, he completed said diploma course in the year 2010 i.e. after 4 years. The document placed at initial appointment was not placed during inquiry and a certificate of year 2010 was placed on record. Therefore, he was not qualified when he was appointed and his contractual appointment is absolutely contrary to law and thus petitioner-4 is not entitled for any relief. Petitioners being contractual appointees, there is no mandatory requirement to conduct a full fledged inquiry. 5. So far as petitioners - 1 to 3 are concerned, they have worked for sufficient period and they are out of job for last 3 years and now it has been informed to Court that selection process is still on, therefore, Court is of considered opinion that in case petitioners - 1 to 3 apply fresh for said post, they may be considered ignoring above referred adverse order passed against them and their satisfactory service for about 15 years may be taken note of. 6. 6. Writ petition stands disposed of with above observations. Order Date :- 19.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad