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2025 DAILYLAW 49045 (ALL)

PANKAJ KUMAR SINGH AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/41345/2017 · 2025-07-23

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121697 Court No. - 38 Case :- WRIT - A No. - 41345 of 2017 Petitioner :- Pankaj Kumar Singh And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Pravesh Pandey,Shiva Nand Pandey Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Shri Saurabh Pandey, learned counsel for the petitioner, Shri Ali Hamid, learned counsel for the respondent and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed for the following relief:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.08.2017 passed by the District Inspector of Schools, Mau (contained as Annexure No.5 to the writ petition); (b) Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Mau to consider the approval of petitioner's selection as peon in the College on merits and to pass appropriate order in this regard within a reasonable period as this Hon'ble Court may specify; (c) Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Mau to accord all consequential service benefits to the petitioners admissible under law;" 3. The Principal of the fifth- respondent Institution vide letter dated 07.05.2015 has requested permission to fill up the vacancies from the concerned authorities and since the vacancies are lying vacant and for non-granting permission in time, the fourth- respondent has issued advertisement on 29.10.2016 to fill up the post of Class-IV employees. Interviews were held on 28.11.2016 and the appointment letters were issued on 04.06.2017 and on the same date the appointment letters were sent to the District Inspector of Schools, Mau for approval. But surprisingly, the appointments were disapproved vide order dated 18.08.2017 on the ground that the Government has imposed ban vide Government Order dated 06.01.2011. 4. Learned counsel for the petitioner has submitted that the said Government Order was interdicted/ set aside by this Court in Committee of Management Lala Babu Memoral Inter College Vs. State of U.P. in Writ Petition No.11760 of 2011 but surprisingly in 2018 the respondents have passed the impugned order dated 18.08.2017 rejecting the case of the petitioner by taking the said Government Order into consideration which is totally contrary to the record. 5. Based on the averments made in the counter affidavit, learned Standing Counsel has submitted that as the respondents have proceeded to fill up the vacancies contrary to the order passed by the Government on 06.01.2011. 6. Considering the submissions made by learned counsel for the petitioner and also on perusal of the record it clearly discloses that the impugned order is not only contrary to the order passed by this Court in the above referred judgment, but it is also surprising to see that the said order was set aside and the same was confirmed by the various judgments of this Court. Despite the same after long lapse of six years the respondents have rejected the case of the petitioner only by taking into consideration the Government Order dated 06.01.2011 is illegal and impermissible. 7. Accordingly, the impugned order dated 18.08.2017 is set aside, remanding the matter to the respondents to pass appropriate order and directing the respondents to the release the salaries, within a period of one month from the date of a receipt of a copy of this order. 8. Accordingly, the present writ petition is disposed of. Order Date :- 24.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad