Moti Lal Yadav vs State of U.P. and Others

Krishna Murari, J.—Heard learned Counsel for the Petitioner, Standing Counsel for Respondent No. 1 and Sri P.K. Bhardwaj, learned Counsel for Respondent No. 2.

Both the Respondents may file counter affidavit within six weeks.

Issue notice to Respondent No. 3, who may also file counter affidavit within the aforesaid period.

Petitioner may take steps for service of notice within a period of one week.

Office to issue notice returnable at an early date.

The Petitioner was appointed on the post of clerk in the institution in question on 7.3.1992. Vide order dated 29.4.1992, District Basic Education Officer, Jaunpur disapproved the appointment of the Petitioner which was challenged before this Court by filing writ petition No. 21370 of 1992 wherein the effect and operation of disapproval was stayed. The writ petition came to be allowed vide judgment and order dated 5.1.2010 on the ground that the order disapproving appointment was devoid of reasons and without any opportunity of hearing, District Basic Education Officer was directed to pass appropriate orders after affording opportunity of hearing to the Petitioner.

It is contended that impugned order has been passed again without any opportunity and without considering any material on record.

Prima facie, there appears to be force in the contention as the documents filed along with this petition which were also part of earlier petition have not been taken into consideration in the impugned order.

Considering the facts, until further orders of this Court effect and operation of impugned order dated 21.1.2011 passed by District Basic Education Officer shall remain stayed.