- (1.) It appears that certain appointments were made on Class III and IV posts but on inquiry it was found that appointments were not legal. In the circumstances, the aforesaid appointments were cancelled by order dated 26.3.2009 passed by the Assistant Director (Higher Education) U.P., Allahabad and in compliance thereof payment of salary of these appointees was stopped by order dated 2.6.2010. These two orders were passed in respect to Manoj Kumar Yadav (Clerk), Bharat Singh (Clerk), Sri Satyendra Kumar Singh (Library Clerk), Sri Ambarish Kumar Gond (Lab Assistant) and Sri Ravindra (Lab Assistant). The aforesaid persons have approached this Court by filing writ petitions as under: (a) 40173/2010, Manoj Kumar Yadav v. State of U.P. and others; (b) 47780/2010, Ambarish Kumar Gond and Ravindra v. State of U.P. and others; (c) 54687/2010, Satendra Kumar Singh v. State of U.P. and others (the present writ petition).
(2.) The writ petition No. 40173/2010 came up before Hon'ble Arun Tandon, J. and following order was passed on 26.7.2010: (a) The report of the Regional (Higher Education) Officer on the basis of the impugned order may be supplied to the petitioner today in the Court. (b) Petitioner is granted liberty to file fresh representation questioning the finding records in the report before the Secretary, Higher Education, U.P., Lucknow within two weeks from today alongwith certified copy of this order. (c) The Secretary on receipt of the representation shall call for the original records pertaining to the appointment of the petitioner and after affording opportunity to Committee of Management and the petitioner pass appropriate order within four weeks thereafter. (d) Payment of salary to the petitioner shall abide by the orders to the Secretary as indicated above.
(3.) Thereafter writ petition No. 47780 of 2010, Ambarish Kumar Gond and another v. State of U.P. and others came up before Hon'ble V.K. Shukla, J. and following the above order passed In writ petition of Manoj Kumar Yadav, on 11.8.2010 the Court passed the following order: In reference of this very selection, another incumbent Manoj Kumar Yadav has approached this Court by means of Civil Misc. Writ Petition No. 40173 of 2010 and this Court had asked the Secretary, Higher Education, U.P., Lucknow to examine the legality of the appointment of the petitioner of the aforesaid writ petition in time bound manner at the first Instance alongwith the same certain other direction has been issued. In the present case, counter-affidavit has been called for, as such in addition of aforesaid order it is hereby ordered that Secretary, Higher Education, U.P., Lucknow shall also examine the legality of the appointment of petitioner Nos. 1 and 2 simultaneously and at the point of time when counter-affidavit Is filed copy of the report be also appended to the same.;