ABDUL BARI AND ANOTHER Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2010-7-227
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on July 02,2010

ABDUL BARI Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) The present petition has been filed for quashing of the notification dated 5.5.2010 and the Government Order dated 29.6.2002 and with a further prayer to remove the restriction imposed by the said Government Order. The petitioner in pursuance to the advertisement applied for the post of Nyay Panchayat Resource Co-ordinator and they were selected and thereafter appointment letters were issued in their favour. The petitioners joined in pursuance to the aforesaid appointment letters and continued to discharge their duties as Nyay Panchayat Resource Co-ordinator up till now. Thereafter, Government Order, which was issued on 1.9.2001, was amended by means of the Government Order dated 29.62002 making certain amendment in the procedure of appointment, wherein it was provided that all those teachers, who have worked as Co-ordinator of Block Resource Centre and Assistant Co-ordinator of Block Resource Centre for a period of two years, will not be selected again for the said post and new incumbents will be given opportunity with certain experience enumerated therein to the extent of having teaching experience of eight years in basic schools and three years for Assistant Coordinator of Block Resource Centre and five years for Co-ordinator of Nyay Panchayat Resource Centre. The said Government Order is put to challenge by way of this petition.
(2.) Submission of learned Counsel for the petitioners is that petitioners have already worked for a period of two years and, therefore, they are entitled to continue and they cannot be replaced by a similarly selected person on officiating basis. He further submits that no defect has been found in the working of the petitioners and moreover the petitioners have been considerable experience and, therefore, they are entitled for the continuance on the post in question and the fresh advertisement is liable to be quashed.
(3.) I have heard learned Counsel for the petitioners and have given my anxious consideration to the arguments advanced by him and I find that the aforesaid decision has been taken as a policy matter by the State Government after taking various factors into consideration. The State Government has found that it was necessary to amend the aforesaid Government Order and provide the period of working of Co-ordinator of Block Resource Centre and Coordinator of Nyay Panchayat Resource Centre for a period of two years only with a view to give chance to the new incumbents, who are more energetic and who may not involve in the corruption and other activities and the teachers, who have worked for a period of two years may engage themselves seriously in the teaching business and hence the period of two years is sufficient guideline and necessary factor. A letter has been written by the State Project Director on 4.5.2002 and the said letter has been taken into consideration for amending the Government Order.;


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