Sunday, November 1, 2015

UPTET SARKARI NAUKRI News - BOTH JRT PRT JOB SAFETY ORDER -

UPTET SARKARI NAUKRI   News - BOTH JRT PRT JOB SAFETY ORDER 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 60950 of 2015 

Petitioner :- Bharti Sharma & 2 Others 
Respondent :- State Of U.P. & 4 Others 
Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav,Santosh Kumar 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioners are three in number. They have preferred this writ petition for a direction upon the respondents not to insist them to tender their resignation from the posts of Trainee Teachers, Primary Schools, and allow them to join as Assistant Teachers (Mathematics or Science) in the respective Schools. 
This Court in a matter of similarly placed persons i.e. Writ-A No. 57107 of 2015 (Pooja and others v. State of U.P. & others) has granted an interim protection to the petitioners therein by an order of the date i.e. 13th October, 2015, which reads as under: 
"The petitioners are twenty two in number. They claim that they have been selected as Trainee Teachers in pursuance of an advertisement dated 30th November, 2011, wherein 72825 posts were advertised. It is stated that thereafter another advertisement was issued on 11th July, 2013 calling applications for 29334 posts of Assistant Teachers (Mathematics & Science) in Senior Basic Schools, which are in the higher pay scale. 
The grievance of the petitioners is that being eligible for the posts of Assistant Teachers (Mathematics & Science) they had applied in pursuance of the subsequent advertisement also, wherein they have been selected. However, the respective District Basic Education Officers are not returning the original documents/educational testimonials of the petitioners unless the petitioners resign from the posts of Trainee Teacher. 
It is contended that the said condition is arbitrary as there is no statutory requirement. 
Learned Counsel for the respondents has failed to point out any statutory provision or the executive order imposing such type of condition. 
Matter needs consideration. 
Learned Standing Counsel has accepted notice on behalf of the State functionaries, Sri P.D. Tripathi, learned Advocate appears for respondent nos. 3 & 9, and District Basic Education Officers of various districts i.e. respondent nos. 4 to 14 are represented by their respective Counsel. 
As prayed by learned Standing Counsel, six weeks' time is granted to file counter affidavit. Other respondents may also file their counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 23rd November, 2015. 
The respondents will not insist the petitioners to tender their resignation as trainee teacher till the next date of listing." 
Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter. 
List on 23.11.2015. 
The benefit of the interim order passed in the case of Pooja and others (supra), quoted hereinabove, is extended to the petitioners also. 
Order Date :- 30.10.2015 
S.Sharma 



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