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2025 DAILYLAW 51453 (ALL)

ASHISH KUMAR MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIA/62777/2017 · 2025-04-23

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63131 Court No. - 6 Case :- WRIT - A No. - 62777 of 2017 Petitioner :- Ashish Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nitinjay Pandey,Sanjeev Kumar Mishra Counsel for Respondent :- C.S.C.,Suresh Kumar Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Nitinjay Pandey, learned counsel for petitioner and Sri Meva Lal Gupta, learned Standing Counsel for State-Respondents. 2. Petitioner has claimed that he was appointed on the post of Assistant Teacher and appointment letter dated 28.06.2016 was also issued, however, purportedly on a ground that he was not able to submit No Objection Certificate, petitioner was not allowed to join. 3. Learned counsel for petitioner refers an interim order passed by Lucknow Bench of this Court in Service Single No. 18762 of 2017, whereby similarly situated persons were directed to join service, however, in present case no interim order was passed. 4. Learned Standing Counsel is not able to show any circumstance, why petitioner was not allowed to join, except that at this stage, i.e., after about eight years, no appointment can be granted. 5. I have considered the submissions and perused the material on record. 6. Petitioner’s claim has substance so much as that no order has been placed on record that appointment letter of petitioner was earlier cancelled as well as order referred above is also in favour of petitioner. However, petitioner has never tried to expedite the present writ petition. 7. In the circumstances, this writ petition is disposed of that petitioner will move an application or representation before concerned respondent and in case there is no legal impediment, concerned respondent will allow petitioner to join. In case of any legal impediment, the same may be communicated to petitioner within a short period. Order Date :- 24.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad