UPTET : ALLAHABAD HIGHCOURT CASES

UPTET : ALLAHABAD HIGHCOURT CASES

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 28616 of 2013 

Petitioner :- Smt. Chandra Kala Bharati 

Respondent :- State Of U.P.& 2 Ors. 

Petitioner Counsel :- Ajay Kumar Yadav 

Respondent Counsel :- C.S.C.,Sanjay Chaturvedi 

Hon'ble Amreshwar Pratap Sahi,J. 

Heard learned counsel for the petitioner. 

The petitioner is claiming salary for the period he has worked on the ground that the petitioner was not aware of any such Rule applying the TET to the petitioner as well. It is undisputed that the petitioner was appointed after 23.8.2010 which is date of the Notification of the National Council for Teacher Education. 

In the circumstances, ignorance cannot be pleaded in law by the petitioner. If his appointment was void without having possessed the qualifications prescribed then in that event, the petitioner cannot claim salary as a matter of right. 

The petitioner has relied on the order passed by the Coordinate Bench on 14.12.2012 in Writ Petition No.65146 of 2012. I am unable to persuade myself to accept the view expressed therein and, therefore, the matter may require a reference. However, Sri Sanjay Chaturvedi informs that this Court has already entertained a Special Appeal No.1467 of 2012 in such a matter and the same is pending consideration. 

List after the judgment in the aforesaid Special Appeal. 

Order Date :- 21.5.2013 

Irshad 

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 26841 of 2013 

Petitioner :- Akhilesh Kumar Singh 

Respondent :- State Of U.P.& 3 Ors. 

Petitioner Counsel :- Dr. G.S.D.Mishra 

Respondent Counsel :- C.S.C.,Jay Ram Pandey 

Hon'ble Amreshwar Pratap Sahi,J. 

Heard learned counsel for the petitioner and Sri Jai Ram Pandey for the respondents. 

The petitioner claims himself to be the rightful claimant to be awarded the benefit of compassionate appointment after the death of his father Bans Bahadur Singh, who is said to have died on 29.12.2011 while working as Assistant Teacher in a Junior High School. The petitioner claims that he is duly qualified and has also passed the TET. 

In the circumstances, let the petitioner approach the respondent No.2 alongwith a certified copy of this and the respondent No.2 shall examine the claim of the petitioner and pass appropriate orders in accordance with law within 6 weeks from the date of production of a certified copy of this order before him after calling for a report in case so required from the concerned authority. 

With the aforesaid observations, the writ petition is disposed of. 

Order Date :- 14.5.2013 

Irshad