Neutral Citation No. - 2025:AHC:78230 Court No. - 38 Case :- WRIT - A No. - 35008 of 2017 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. This writ petition has been filed questioning the order dated 21.03.2017 passed by the second respondent-Joint Director of Education, Varanasi Region, Varanasi. The said rejection was made on the ground that the petitioner was not paid salary after 12.08.2012 by the Management. The identical issue fell for consideration before this Hon'ble Court in Writ-A No.8234 of 2020. 2. The said writ petition was disposed of with the following the observations:- .......................... " I have perused the said order, which is on record as Annexure No. 17. A perusal of the said order shows that the benefit of regularization was denied to the petitioner on the ground that a report was given on 21.12.2019 to the effect that in terms of the another report of the management of the Principal, the petitioner was not paid salary for the period 28.10.1996 to February, 2003 and 1.4.2018 to 5.12.2018 and thus the claim cannot be considered. The said report was a sole ground for rejecting the claim of the petitioner for regularization. .......................... A plain reading of Section 33-G of the U.P. Secondary Education (Services Selection Board) Act, 1982 makes it clear that the benefit of regularization to a Teacher other than the Principal or Head Master can be extended subject to the said candidate fulfilling the conditions as specified in Section 33-G (1) of the said provision. A plain reading whereof shows that no such condition exists to the effect that on account of non-payment of the salary for a particular period, the consideration of regularization can be denied to a person.” 3. As this Hon'ble Court has held that the payment of salary by the management is not a mandatory condition while considering the case of the petitioner under Section 33-F of the U.P. Secondary Education (Services Selection Boards) Act, 1982, hence, the objection made in the impugned order for rejection is contrary to the observations made by this Court in Promad Kumar Vs. State of U.P. and others. 4. Considering the observations of this Court in Promad Kumar Vs. State of U.P. and others, the impugned orders therein are set aside remanding the matter to the respondents to reconsider the issue once again under Section 33-F of the U.P. Secondary Education (Services Selection Boards) Act, 1982 and pass appropriate orders and it is needless to mention that once the regularization orders are passed, the respondents may release the salaries to the petitioner, which he is entitled. 5. In view of the above directions, the writ petition is disposed of. Order Date :- 13.5.2025 Neeraj (Donadi Ramesh, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad