AMAR NATH SINGH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1993-4-102
HIGH COURT OF ALLAHABAD
Decided on April 07,1993

AMAR NATH SINGH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Ravi S. Dhavan, J. - (1.) The petitioner, Amar Nath Singh, resident of village and Post Office Meza Khas, district Allahabad was an extension teacher at the Meza Junior High School, Meza, District Allahabad. His salary as a teacher at the aforesaid school may have been stopped and, thus, he had filed Writ Petition No 39243 of 1992 ; Amar Nath Singh v. State of U.P. and others, on which an ad interim mandamous had been issued to the State respondents to release the salary due to the petitioner with effect from July 1992, and thereafter, pay salary as of date when it falls due failing which they were required to show cause. The other writ petition was to be listed on 1 April, 1993. This ad interim mandamus was passed on 18th January, 1993.
(2.) In the present writ petition, the grievance is that the petitioner has been given a posting not within the district but outside it. He contends that under the regulations which governs the cadre of the teachers his posting is to be in the district where he is resident. He submits this on the basis of a Government Order No. 5288/15-2-80-27 (57) 99 dated 25 November, 1990, appended as Annexure-3 to the writ petition. The petitioner has been posted in the district of Pratapgarh at the tehsil Bhadari. The petitioner submits that this posting to a neighbouring district aggrieves him.
(3.) Notwithstanding, that there may be an irregularity in the posting of the petitioner which, of course, ought not to be a precedence and in so far as the State respondents are concerned, nevertheless, in the facts and circumstances of the present case, the Court is not inclined to entertain the present petition. Pratapgarh is a neighbouring district which is barely 60 kilometres and the tehsil Bhadari is nearer to Allahabad at a distance of about 58 kilometres. The posting order dated 12 February, 1993, is not individual to the petition r but made for other 18 other teachers, also. While the petitioner may return to his district of domicile but this error of the State respondents is not one in which this Court would like to issue a writ, thus, this petition laid to rest, but formally as dismissed. Petition dismissed.;


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