Neutral Citation No. - 2025:AHC:121935 Court No. - 38 Case :- WRIT - A No. - 10692 of 2019 Petitioner :- Dr. Shail Vajpayi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Sri Alok Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Present writ petition has been filed with following prayer: "(I) Issue, a writ, order or direction in the nature of Mandamus commanding and directing the Respondent No.2 to forthwith issue an order of absorption in favour to the petitioner under section 31-E of UP Higher Education Service Commission Act, 1980 as amended by UP Act, No.38 of 2018, against substantially vacant post on which petitioner is working as Honorarium lecturer in S.N. Sen Balika Vidyalaya Post Graduate College, Kanpur, within a period to be specified by this Hon'ble Court and accord all consequential benefits thereof to the petitioner w.e.f. 07.03.2018. (II) Issue a writ order or direction of a suitable nature commanding the respondents to treat the petitioner as substantively appointed Assistant Professor Zoology and pay her salary regularly, every month in regular pay scale applicable to the petitioner." 3. After notice, respondents have filed counter affidavit, wherein they have specifically contended that as per Government Order dated 12.07.2006, 50% marks at Graduate level is required. But in the case of petitioner, he got only 48.66% marks at Graduate level. Hence, he is not entitled to be considered under Section 31-E of the U.P. Higher Education Services Commission Act, 1980 as amended by U.P. Act No. 38 of 2018 (hereinafter referred to as the Act). 4. Learned counsel for the petitioner has relied on the observations made by this Court with regard to consideration of the case of honorarium lecturer as per Section 31E of the Act in Writ A No. 9601 of 2020 (Dr. Chandrashekhar Srivastava Vs. State of U.P. and 4 others). Against the said order, the State preferred Special Appeal No. 656 of 2022, which was dismissed vide order dated 13.12.2022. Against the same, SLP (c) No. 24206 of 2023 was filed before the Apex Court, which was also dismissed. Further, learned counsel for the petitioner has relied on the Government Order dated 11.12.2013. 5. Considering the submissions and perusal of the orders passed in Writ A No. 9601 of 2020, Special Appeal No. 656 of 2022, SLP (c) No. 24206 of 2023 and the averments made in the counter affidavit, the fact remains that the respondents have not considered the case of the petitioner and have not passed any order for regularization of services of the petitioner under Section 31-E of the Act. 6. In the said circumstances, instead of going into the merits of the case, liberty is granted to the petitioner to file a fresh representation with all relevant materials including the Government Order dated 11.12.2013, the orders passed in Writ A No. 9601 of 2020, Special Appeal No. 656 of 2022, SLP (c) No. 24206 of 2023 along with representation, within two weeks from today. On filing of such representation, the authorities may consider the case of the petitioner under Section 31-E of the Act and pass appropriate orders based on the observations made by this Court and also by the Apex Court, within a period of two months thereafter. 7. Accordingly, the writ petition is disposed of. Order Date :- 24.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad