Neutral Citation No. - 2025:AHC:79702 Court No. - 38 Case :- WRIT - A No. - 35257 of 2016 Petitioner :- Mohd. Ismail Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Mohammad Hisham Qadeer,Rituvendra Singh Nagvanshi,Santosh Kumar Kesarwani,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Sri R.C. Singh, learned Senior Counsel assisted by Rituvendra Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Present writ petition has been filed questioning the order dated 11.7.2016 passed by respondent no.2-Joint Director of Education, Basti Region, Basti with a consequential direction to the respondents to pay pension to the petitioner w.e.f. 1.7.2015. 3. Consequent on creation of post, the management had invited applications for appointment of assistant teachers and accordingly, a selection committee was constituted and interviews were conducted. Based on the performance of the petitioner, he was selected and appointed vide order dated 28.9.1986 and accordingly, the petitioner had joined the respondent's institution on 1.10.1986. Subsequently, he discharged his duties with utmost satisfaction of the respondent authorities. When the respondents have not released salaries to the petitioner, he approached this Court by filing Writ A No. 21940 of 1989 and based on an interim direction issued by this Court on 31.07.1990, the respondents have released salaries to the petitioner and the same was continued till 2009. Though, the said writ petition was dismissed for non-prosecution, the respondents have stopped payment of salaries. The restoration application filed by the petitioner was also dismissed. Against the same, the petitioner has filed a Special Appeal. The said special appeal was allowed and the writ petition was restored. Subsequently, the respondents have released salaries to the petitioner and continued till his retirement i.e. 30.06.2015. These facts were not disputed in the counter affidavit filed by the respondents. 4. The rejection was made only on the ground that initially the petitioner was appointed in a short term vacancy in view of the ad-hoc promotion of one Ashraf Ali, the petitioner was appointed on the said post and subsequently, regular selection was made. Due to the selection of Radhey Shyam Dwivedi, Ashraf Ali was repatriated to his original post, hence, there is no post. But surprisingly, in the counter affidavit, the respondents have admitted about payment of salaries to the petitioners since his appointment till his retirement. If that being the situation, the respondents cannot deny benefits to the petitioner only on technical grounds. 5. Identical issue was raised before this Court for consideration in Vinod Kumar Srivastava Vs. State of U.P. and 3 Ors. 2024 (1) ADJ 712, wherein the bunch of writ petitions were disposed of considering the length of service rendered by the petitioners therein and direction was also issued to the State to consider such regularization under the provisions of Sections 33-B, 33-C, 33-F and 33-G of the U.P. Secondary Education (Services Selection Boards) Act, 1982. Accordingly, the writ petitions were allowed with following directions: "CONCLUSION 149. Considering the facts and circumstances of the case, this Court is of the opinion that the matters which have been remitted back to the Regularization Committee shall be considered in the light of the following directions: (i) The Regional Regularization Committee shall accord fresh consideration in all remitted matters within a period of six weeks from the date of remand. (ii) As far as possible, the Regional Regularization Committee shall accord hearing to all the candidates whose claim is under consideration for regularization. (iii) The Committee shall ask all the Management Committees of the Institution to provide necessary documents which are needed for consideration of regularization of the candidates within a period of two weeks from the date of this order. In case the documents are not provided by the Management Committees, the Regularization Committee shall proceed against the institution in question under the provisions of Act of 1921. (iv) The Regularization Committee shall further accord due consideration to provision of Act of 1982 while considering the claim for regularization especially for all those candidates whose case fall under Sections 33-B, 33-C, 33-F, and 33-G. (v) It is further provided that in view of clarification of Government Order dated 26.09.2024, all the candidates whose matters are under consideration before the Regional Regularization Committee, shall be paid their salary which has been stopped pursuant to the order dated 09.11.2023 within a period as prescribed in the clarification order dated 26.09.2024, till their claims are finally decided. (vi) Further all the candidates whose claim has not been decided by the Regularization Committee shall be permitted to work. (vii) It is clarified that in all those cases where the claim for regularization was rejected and the writ petition has been allowed by this Court and the matter has been remitted back for fresh consideration, those candidates shall be entitled for their entire salary till their claim is decided afresh." 6. Considering the submission as well as facts of the case and also on perusal of the abovesaid judgment, as the petitioner has continued from 1986 to 2015 and the respondents have also admitted about payment of salaries to the petitioner by virtue of interim orders granted by this Court. In view of the earlier writ petitions, the petitioner is also entitled to consider his case under Sections 33-B, 33-C, 33-F and 33-G of the U.P. Secondary Education (Services Selection Boards) Act, 1982. 7. In view of the above, the writ petition is also disposed of with a direction to the respondents to consider his case under Sections 33-B, 33-C, 33-F and 33-G of the U.P. Secondary Education (Services Selection Boards) Act, 1982 and release retiral benefits to the petitioner, within a period of two months from the date of receipt of certified copy of this order. Order Date :- 14.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad