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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11385 of 2026 Court No. - 6 HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri R.C. Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. In view of the orders proposed to be passed, notices to respondent no.5 is being dispensed with. 3. The present writ petition has been filed with the following prayer:
"(i) issue a writ, order, rule or direction in the nature of mandamus directing the respondents, to consider the claim of petitioner and to pass the appropriate order on the representation made by the petitioner regarding payment of salary and reconsider his regularization on the post of Assistant Teacher L.T. Grade under Section 33-G of U.P. Act No.5 of 1982, as directed by the Director of Education (Secondary) U.P., Lucknow dated 09.03.2026, within a stipulated period as fix by this Hon'ble Court;"
4. Shri R.C. Dwivedi, learned counsel for the petitioner contends that claim of the petitioner for regularization was rejected vide order dated 12.10.2017 on the premise that the arrears of salary for the period 29.12.1998 to 24.01.2007 was not disbursed; however now, subsequently, the salary of the said period has been disbursed and the Director of Education (Secondary) U.P., Lucknow has also written a letter dated 09.03.2026 to the Regional Joint Director of Education, Gorakhpur to reconsider the matter for regularization, in view of the fact that arrears of salary for the said period has been disbursed. Versus Counsel for Petitioner(s) : Ramesh Chandra Dwivedi Counsel for Respondent(s) : C.S.C. Lal Chand Pandey .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. In view of the aforesaid, he submits that the Writ-A No. 57512 of 2017, by way of which the order dated 12.10.2017 was assailed; has become infructuous as the very genesis of the said order dated 12.10.2017, does not exist; and the respondent no.2 has already issued a letter dated 09.03.2026 to the respondent no.3, to reconsider the claim of the petitioner towards his entitlement to be regularized, in view of the provision of Section 33-G of U.P. Secondary Education Service Selection Board Act, 1982 and Rules framed thereunder; which has been saved under Section 31 (2) of the U.P. Education Service Commission Act,
2023. 6.
6. Learned Standing Counsel submits that the claim of the petitioner shall be considered by the respondent no.3, in pursuance of the letter dated 09.03.2026, in accordance with law. 7. In view of the aforesaid, no fruitful purpose shall be served in keeping the present writ petition pending; and accordingly, by the consent of the parties the same is being decided at the admission stage, with the direction to the Respondent No. 3- Regional Selection Committee/ Joint Director of Education, 7th Region, Gorakhpur, to take a decision regarding the regularization of the petitioner in terms of Section 33-G of the Act, 1982, in pursuance of the letter dated 09.03.2026, expeditiously, in accordance with law, preferably within a period of 2 Months from the date of service of a certified copy of this order. 8. With the aforesaid observation and direction, the writ petition stands disposed off. September 11, 2026 Sumit K.
WRIA No. 11385 of 2026 2 (Siddharth Nandan,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad