KULDEEP Vs. STATE OF U P
LAWS(ALL)-2011-7-95
HIGH COURT OF ALLAHABAD
Decided on July 01,2011

KULDEEP Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) HEARD Sri B.S. Pandey, learned counsel for the petitioners and learned Standing Counsel for the respondents.
(2.) LEARNED Standing Counsel states that he does not propose to file counter-affidavit and the writ petition may be heard and decided at this stage on the basis of material available on record. The writ petition is directed against the advertisement dated 13.6.2011 published in a daily news paper "Hindustan" on 16.6.2011 inviting applications for the post of 'Prerak". Learned counsel for the petitioners contended that initially in 2001 a Scheme titled "Satat Shiksha Yojana" was launched whereunder Nodal Prerak, Prerak and Sahayak Prerak were to be appointed. The scheme sought to be executed vide circular dated 7.11.2001 issued by respondent No. 2.
(3.) THE petitioners pursuant to the aforesaid scheme were appointed as Nodal Prerak, Prerak and Sahayak Prerak in October, 2006 and were paid honourarium @ Rs. 1200/-, 700/- and 500/- respectively. THE aforesaid scheme came to an end in March 2009. THE petitioners's work also ceased. Later on a new scheme namely "Sakshar Bharat Mission 2012" was introduced vide Government Order dated 27.4.2010 whereunder Two Preraks in each Village Panchayat of the District were to be appointed on payment of honourarium of Rs. 2000/- per month. The petitioners made representation on 1.6.2010 praying for their appointment and absorption in view of the fact that they had earlier worked. They approached this Court in Writ Petition No. 37684 of 2010 which was finally disposed of on 2.7.2010 directing authorities concerned to dispose of their representation within two weeks. The operative part of the judgment reads as under: "Having heard learned counsel for the parties and having examined the records, I am of the considered opinion that the grievances of the writ petitioners qua absorption under a different Scheme or for weightage being provided under new Scheme, can be more appropriately examined by the Secretary Basic Education U.P. Government (respondent No. 1) at the first instance. Accordingly the present writ petition is disposed of with liberty to the petitioners to make a representation ventilating ail their grievances before respondent No. 1, within two weeks from today, alongwith a certified copy of this order. On such a representation being made the respondent No. 1 shall call for the records and shall pass a reasoned speaking order preferably within six weeks, thereafter.";


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