High Court · 2025

proceedings. While entertaining the writ petition, this Court has passed interim directions on 9.5.2000 staying the effect and operation of the impugned order and further directing for payment of salaries by permitting and continuing the petitioner as Junior Clerk. Though, the respondents have continued the petitioner in compliance of the abovesaid order, they have not released salaries.

5. In fact, principal of the institution vide letter dated 01.02.2012 addressed to the Director of Higher Education U.P. Allahabad stating that the petitioner has been continuously discharging the duties in the institution as Class-III employee, but the salaries were not released. In the said letter, it was forwarded to the State Government for taking appropriate action for redressing the grievance of the petitioner. Subsequently, the Director of Higher Education U.P. Allahabad has regularized the services of other petitioners on different dates and accordingly, those writ petitions were dismissed as infructuous. But surprisingly, the respondents have not considered the case of the petitioner for regularization.

6. In reply to the said contentions, the respondents have filed supplementary counter affidavit, wherein they have specifically stated that one post of Superintendent, Routine Grade Clerk and Class-IV employee are sanctioned in the institution. As there is no sanctioned post of Routine Grade Clerk, several writ petitions have been filed and this Court has directed to continue them. Accordingly, they have only three sanctioned post of Senior Clerk, Junior Clerk and one post of Class-IV employee. Ganga Saran, who was working as Class-IV employee, as per the directions issued by this Court in Writ A No. 38314 of 1999, has been absorbed in Government services. Further, Permanand Singh, who was also working as Junior Clerk was absorbed in compliance of the orders passed by this Court in Writ A No. 43605 of 1999. When Permanand Singh was transferred to other college, one post of Junior Clerk fell vacant and one Vijay Kumar Mishra, who was working in the institution was considered and absorbed on the said post as per the interim orders of this Court in Writ A No. 54882 of

1996. As in compliance to the orders, the petitioner was paid salaries but for regularization, there are no existing posts in the institution. Hence, his case has not been considered for regularization.

7. Petitioner has filed supplementary rejoinder affidavit on

01.05.2025, according to which, post of Routine Grade Clerk/Junior Clerk is vacant in the institution. In fact, in reply to the R.T.I. application has clearly established that vacancy of Routine Grade Clerk/Junior Clerk is vacant in the institution. Further, one Vijay Kumar Mishra, who was absorbed, has been promoted to the post of Head Clerk from Routine Grade Clerk and Permanand Singh has been promoted as Office Superintendent transferred to the Government Degree College. Vijay Kumar Mishra has also been transferred to Government College. Accordingly, there are sanctioned posts existing in the institution.

8. Considering the submissions and perusal of the orders, as per the assertions made in the counter affidavit, it is clear that the respondents have implemented the orders passed by this Court and continued the petitioner in the institutions and in fact, as recommended by the Principal, the Director of Higher Education has also recommended the case of the petitioner for regularization to the State Government. When the only objection raised by the respondents in the counter affidavit is that there are no existing sanctioned posts in the institution, but in view of the reply submitted by the supplementary rejoinder affidavit filed by the petitioner discloses that there are existing sanctioned posts in the institution.

9. In such circumstances, this writ petition is also disposed of with a direction to the respondents to consider the case of the petitioner in the existing vacancy and pass appropriate orders, within a period of two months from the date of receipt of certified copy of this order. It is needless to mention that as the petitioner is working in the institution, the respondents may also release salaries to the petitioner. Order Date :- 23.5.2025 Noman (Donadi Ramesh, J.) NOMAN AHMAD High Court of Judicature at Allahabad

proceedings. While entertaining the writ petition, this Court has passed interim directions on 9.5.2000 staying the effect and operation of the impugned order and further directing for payment of salaries by permitting and continuing the petitioner as Junior Clerk. Though, the respondents have continued the petitioner in compliance of the abovesaid order, they have not released salaries.

5. In fact, principal of the institution vide letter dated 01.02.2012 addressed to the Director of Higher Education U.P. Allahabad stating that the petitioner has been continuously discharging the duties in the institution as Class-III employee, but the salaries were not released. In the said letter, it was forwarded to the State Government for taking appropriate action for redressing the grievance of the petitioner. Subsequently, the Director of Higher Education U.P. Allahabad has regularized the services of other petitioners on different dates and accordingly, those writ petitions were dismissed as infructuous. But surprisingly, the respondents have not considered the case of the petitioner for regularization.

6. In reply to the said contentions, the respondents have filed supplementary counter affidavit, wherein they have specifically stated that one post of Superintendent, Routine Grade Clerk and Class-IV employee are sanctioned in the institution. As there is no sanctioned post of Routine Grade Clerk, several writ petitions have been filed and this Court has directed to continue them. Accordingly, they have only three sanctioned post of Senior Clerk, Junior Clerk and one post of Class-IV employee. Ganga Saran, who was working as Class-IV employee, as per the directions issued by this Court in Writ A No. 38314 of 1999, has been absorbed in Government services. Further, Permanand Singh, who was also working as Junior Clerk was absorbed in compliance of the orders passed by this Court in Writ A No. 43605 of 1999. When Permanand Singh was transferred to other college, one post of Junior Clerk fell vacant and one Vijay Kumar Mishra, who was working in the institution was considered and absorbed on the said post as per the interim orders of this Court in Writ A No. 54882 of

1996. As in compliance to the orders, the petitioner was paid salaries but for regularization, there are no existing posts in the institution. Hence, his case has not been considered for regularization.

7. Petitioner has filed supplementary rejoinder affidavit on

01.05.2025, according to which, post of Routine Grade Clerk/Junior Clerk is vacant in the institution. In fact, in reply to the R.T.I. application has clearly established that vacancy of Routine Grade Clerk/Junior Clerk is vacant in the institution. Further, one Vijay Kumar Mishra, who was absorbed, has been promoted to the post of Head Clerk from Routine Grade Clerk and Permanand Singh has been promoted as Office Superintendent transferred to the Government Degree College. Vijay Kumar Mishra has also been transferred to Government College. Accordingly, there are sanctioned posts existing in the institution.

8. Considering the submissions and perusal of the orders, as per the assertions made in the counter affidavit, it is clear that the respondents have implemented the orders passed by this Court and continued the petitioner in the institutions and in fact, as recommended by the Principal, the Director of Higher Education has also recommended the case of the petitioner for regularization to the State Government. When the only objection raised by the respondents in the counter affidavit is that there are no existing sanctioned posts in the institution, but in view of the reply submitted by the supplementary rejoinder affidavit filed by the petitioner discloses that there are existing sanctioned posts in the institution.

9. In such circumstances, this writ petition is also disposed of with a direction to the respondents to consider the case of the petitioner in the existing vacancy and pass appropriate orders, within a period of two months from the date of receipt of certified copy of this order. It is needless to mention that as the petitioner is working in the institution, the respondents may also release salaries to the petitioner. Order Date :- 23.5.2025 Noman (Donadi Ramesh, J.) NOMAN AHMAD High Court of Judicature at Allahabad