GULAB CHANDRA PRAJAPATI Vs. STATE OF U.P.
LAWS(ALL)-2019-11-79
HIGH COURT OF ALLAHABAD
Decided on November 08,2019

Gulab Chandra Prajapati Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

PIYUSH AGRAWAL, J. - (1.) The petitioner has prayed for the following reliefs: (i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and quash the impugned order dated 26.2.2014 passed by Regional Level Committee/Joint Director of Education Varanasi Region Varanasi (Annexure No. 7 to the writ petition). (ii) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and quash the appointment of the respondent No. 7 as class-IV employee under dying in harness rule by the District Inspector of Schools, Jaunpur. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interefere in peaceful functioning of the petitioner as attendant (Pariharak) in the institution namely Nagrik Inter College, Janghai, Jaunpur."
(2.) The facts of the case are that it has been stated that the petitioner has been appointed after following the due process. The District Inspector of Schools, Jaunpur has refused to approve his appointment forcing the petitioner to file a Writ-A No. 64215 of 2012 (Gulab Chandra Prajapati vs. State of U.P. and othes).
(3.) The said writ petition was disposed of with a direction to the Regional Level Committee to consider the grievance of the petitioner's. The order dated 11.12.2012 passed by this Court reads as follows: "Consequently, the Regional Committee headed by Joint Director of Education, is directed to take final decision in the matter, in accordance with law, by means of a reasoned and speaking order within next two months from the date of receipt of a certified copy of this order. It is clarified that while taking decision in the matter, it should be ascertained as to whether the vacancy in question had been advertised in two well known newspapers having wide circulation and whether the post in question was not falling within promotional quota and it may also be ensured that no class III employee in the entire district of Jaunpur has been working against supernumerary post." ;


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