High Court · 2025

"1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Shashi Prakash Singh, Advocate, holding brief of Sri Tej Bhan Singh, learned counsel for the respondents no.2, 3 & 4.

2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "I. Issue a wit, order or direction in the nature of Certiorari calling for the records and quashing the order dated 13.11.2024 passed by the Respondent No.3. II. Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the order of termination dated 27.12.2019 passed by the Respondent No.3. III. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 4 to allow the Petitioner to discharge his duties/services as Assistant Teacher at Primary School Haripur, Sujanganj, District - Jaunpur and to pay his salary month to month as and when same falls due."

3. The facts in brief as contained in the writ petition are that petitioner was initially appointed on the post of Assistant Teacher on 20.02.2010. The services of the petitioner was terminated by the respondent no.3/District Basic Education Officer, Jaunpur vide its order dated 27.12.2019. Aggrieved against the aforesaid, petitioner approached this Court by filing a petition being Writ A No.11706 of 2024 in which following order was passed by this Court on 06.08.2024 :- "1. The order dated 27.12.2019 passed by the respondent no.3-Basic Education Officer, Jaunpur is under challenged in the present writ petition.

2. A preliminary objection has been raised by Sri Tej Bhan Singh, learned counsel for the contesting respondents that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal before the appellate authority as provided under Rule 5 of the U.P. Basic Education Staff Rules, 1973.

3. This fact is also admitted by the counsel for the petitioner.

4. In this view of the matter, present writ petition is dismissed on the ground of availability of statutory alternative remedy."

4. Pursuant to the aforesaid an appeal was submitted by the petitioner before the Member-Secretary, Basic Education Board, U.P. Prayagraj in the month of September, 2024 but the said appeal was rejected by the respondent no.3- District Basic Education Officer, Jaunpur hence present writ petition.

5. It is argued by counsel for the petitioner that earlier against the order of termination when petitioner approached this Court a preliminary objection has been raised by the counsel for the respondent no.3 that against the order of termination petitioner is statutory alternative remedy to file an appeal before the appellate authority as provided under Rule 5 of the U.P. Basic Educational Staff Rules, 1973. In the aforesaid rules it is provided that an appeal shall lie from an order passed by the appointing authority in respect of the posts mentioned in column 1 of the Schedule appended to the rules. In the aforesaid schedule the name of the post namely Assistant Teachers was mentioned at item no.-9 and the name of appellate authority was mentioned under column-IV namely Member-Secretary of the Board. It is further argued that once the writ petition filed by the petitioner against the order of termination was dismissed on the ground of availability of statutory alternative remedy to file an appeal before the Member-Secretary, Basic Education Board, U.P. Prayagraj then under what authority of law the appeal filed by the petitioner was rejected by the respondent no.3 namely District Basic Education Officer, Jaunpur.

6. Heard learned counsel for the parties and perused the records.

7. From perusal of the record it is clear that the order dated 13.11.2024 passed by the District Basic Education Officer namely Dr. Gorakhnath Patel is per-se illegal and without jurisdiction and in complete violation of the judgement delivered by this Court dated 06.08.2024.

8. In this view of the matter, respondent no.3-District Basic Education Officer namely Dr. Gorakhnath Patel, who passed the order on the appeal filed by the petitioner dated 13.11.2024 is directed to file his personal affidavit within a week that why the contempt proceedings should not be drawn against him. In case personal affidavit is not filed within the time as stated above respondent no.3 shall remain present before this Court on the next date fixed in the matter.

9. Put up as fresh on 23.01.2025."

2. Pursuant to the aforesaid order, personal affidavit has been filed in the Registry on 22.01.2025 on behalf of respondent no.3 through his counsel. It is stated in paragraph-5 of the aforesaid affidavit that the earlier order passed by him namely the order dated 13.11.2024 has already been recalled/cancelled vide order dated 17.01.2025. Apart from the same, a detailed letter was also written by the respondent no.3 to the respondent no.2 on 15.01.2025 giving its finding in respect of the matter in issue and thereafter a request was made by him to the respondent no.3 to take a decision in the matter. It is argued that once the appeal filed by the petitioner is pending consideration before the Secretary, Basic Education Board, U.P., Prayagraj there was no rhyme, reason or occasion for the District Basic Education Officer to place his comments before the Secretary of the Board otherwise it will prejudice the matter.

3. In this view of the matter, Secretary, Basic Education Board, U.P., Prayagraj is directed to take a decision in the matter strictly in accordance with law without influenced by the letter dated 17.01.2025 written by the District Basic Education Officer, Jaunpur. The aforesaid exercise be completed within a period of four weeks from today.

4. Sri Tej Bhan Singh, learned counsel for the respondent will inform regarding this order to the Secretary, Basic Education Board, U.P., Prayagraj, within three days. Order Date :- 23.1.2025 Pramod Tripathi PRAMOD TRIPATHI PRAMOD TRIPATHI PRAMOD TRIPATHI High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad

"1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Shashi Prakash Singh, Advocate, holding brief of Sri Tej Bhan Singh, learned counsel for the respondents no.2, 3 & 4.

2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "I. Issue a wit, order or direction in the nature of Certiorari calling for the records and quashing the order dated 13.11.2024 passed by the Respondent No.3. II. Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the order of termination dated 27.12.2019 passed by the Respondent No.3. III. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 4 to allow the Petitioner to discharge his duties/services as Assistant Teacher at Primary School Haripur, Sujanganj, District - Jaunpur and to pay his salary month to month as and when same falls due."

3. The facts in brief as contained in the writ petition are that petitioner was initially appointed on the post of Assistant Teacher on 20.02.2010. The services of the petitioner was terminated by the respondent no.3/District Basic Education Officer, Jaunpur vide its order dated 27.12.2019. Aggrieved against the aforesaid, petitioner approached this Court by filing a petition being Writ A No.11706 of 2024 in which following order was passed by this Court on 06.08.2024 :- "1. The order dated 27.12.2019 passed by the respondent no.3-Basic Education Officer, Jaunpur is under challenged in the present writ petition.

2. A preliminary objection has been raised by Sri Tej Bhan Singh, learned counsel for the contesting respondents that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal before the appellate authority as provided under Rule 5 of the U.P. Basic Education Staff Rules, 1973.

3. This fact is also admitted by the counsel for the petitioner.

4. In this view of the matter, present writ petition is dismissed on the ground of availability of statutory alternative remedy."

4. Pursuant to the aforesaid an appeal was submitted by the petitioner before the Member-Secretary, Basic Education Board, U.P. Prayagraj in the month of September, 2024 but the said appeal was rejected by the respondent no.3- District Basic Education Officer, Jaunpur hence present writ petition.

5. It is argued by counsel for the petitioner that earlier against the order of termination when petitioner approached this Court a preliminary objection has been raised by the counsel for the respondent no.3 that against the order of termination petitioner is statutory alternative remedy to file an appeal before the appellate authority as provided under Rule 5 of the U.P. Basic Educational Staff Rules, 1973. In the aforesaid rules it is provided that an appeal shall lie from an order passed by the appointing authority in respect of the posts mentioned in column 1 of the Schedule appended to the rules. In the aforesaid schedule the name of the post namely Assistant Teachers was mentioned at item no.-9 and the name of appellate authority was mentioned under column-IV namely Member-Secretary of the Board. It is further argued that once the writ petition filed by the petitioner against the order of termination was dismissed on the ground of availability of statutory alternative remedy to file an appeal before the Member-Secretary, Basic Education Board, U.P. Prayagraj then under what authority of law the appeal filed by the petitioner was rejected by the respondent no.3 namely District Basic Education Officer, Jaunpur.

6. Heard learned counsel for the parties and perused the records.

7. From perusal of the record it is clear that the order dated 13.11.2024 passed by the District Basic Education Officer namely Dr. Gorakhnath Patel is per-se illegal and without jurisdiction and in complete violation of the judgement delivered by this Court dated 06.08.2024.

8. In this view of the matter, respondent no.3-District Basic Education Officer namely Dr. Gorakhnath Patel, who passed the order on the appeal filed by the petitioner dated 13.11.2024 is directed to file his personal affidavit within a week that why the contempt proceedings should not be drawn against him. In case personal affidavit is not filed within the time as stated above respondent no.3 shall remain present before this Court on the next date fixed in the matter.

9. Put up as fresh on 23.01.2025."

2. Pursuant to the aforesaid order, personal affidavit has been filed in the Registry on 22.01.2025 on behalf of respondent no.3 through his counsel. It is stated in paragraph-5 of the aforesaid affidavit that the earlier order passed by him namely the order dated 13.11.2024 has already been recalled/cancelled vide order dated 17.01.2025. Apart from the same, a detailed letter was also written by the respondent no.3 to the respondent no.2 on 15.01.2025 giving its finding in respect of the matter in issue and thereafter a request was made by him to the respondent no.3 to take a decision in the matter. It is argued that once the appeal filed by the petitioner is pending consideration before the Secretary, Basic Education Board, U.P., Prayagraj there was no rhyme, reason or occasion for the District Basic Education Officer to place his comments before the Secretary of the Board otherwise it will prejudice the matter.

3. In this view of the matter, Secretary, Basic Education Board, U.P., Prayagraj is directed to take a decision in the matter strictly in accordance with law without influenced by the letter dated 17.01.2025 written by the District Basic Education Officer, Jaunpur. The aforesaid exercise be completed within a period of four weeks from today.

4. Sri Tej Bhan Singh, learned counsel for the respondent will inform regarding this order to the Secretary, Basic Education Board, U.P., Prayagraj, within three days. Order Date :- 23.1.2025 Pramod Tripathi PRAMOD TRIPATHI PRAMOD TRIPATHI PRAMOD TRIPATHI High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad