UPTET SARKARI NAUKRI News - NOT JOINED JRT TEACHER DUE TO ELECTION DUTY, COURT GAVE RELIEF THATBIF IT IS THEN A CHANCE TO GIVEN HIM TO JOIN IN 15 DAYS-

UPTET SARKARI NAUKRI   News - NOT JOINED JRT TEACHER DUE TO ELECTION DUTY,  COURT GAVE RELIEF THATBIF IT IS THEN A CHANCE TO GIVEN HIM TO JOIN IN 15 DAYS- 

TRUTHFULNESS WILL BE DONE BY THE AUTHORITY THAT HE IS ON ELECTION DUTY OR NOT


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 10
Case :- SERVICE SINGLE No. - 6335 of 2015
Petitioner :- Man Mohan Dixit
Respondent :- State Of U.P. Through Secy. Deptt. Of Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Suniti Sachan,Shishir Chandra
Counsel for Respondent :- C.S.C.,Ajay Kumar,Navendu Srivastava

Hon'ble Rajan Roy,J.
Heard learned counsel for the parties.
By means of this writ petition, the petitioner has prayed for issuing a
writ, order or direction in the nature of certiorari to quash the impugned
order dated 17.10.2015 passed by the District Basic Education Officer,
Raebareli cancelling the appointment of the petitioner on the post of
Assistant Teacher (Mathematics) in UPS Tekari Dandu School, Deeh, District
Raebareli and also a mandamus commanding the opposite party no. 1 to 3 to
allow the petitioner to join on the post of Assistant Teacher
(Mathematics).
The petitioner claims to have been functioning on election duty on account
of which he could not join on the post of Assistant Teacher for which he
was offered for appointment vide letter dated 21.09.2015 with the
stipulation that in event he did not join within 15 days, the appointment
shall automatically treated as cancelled.
If the petitioner was on election duty then certainly he has a justifiable
reason for not joining.
In these circumstances, the writ petition is disposed of with liberty to
the petitioner to move a representation before the opposite party no.
3-District Basic Education Officer, Raebareli stating therein reasons for
his absence annexing documentary proof in support thereof. In such an
eventuality, the opposite party no. 3-District Basic Education Officer,
Raebareli shall look into the matter as to whether the petitioner was on
election duty or not. If it is so found he was in fact on election duty
then the petitioner shall be allowed to join duty within a period of next
15 days irrespective the impugned order which shall be ignored.
As far as the claim of lien as raised in this case that is a separate cause
which may be raised by the petitioner separately before the authority
concerned.
With the aforesaid observations, the writ petition is finally disposed of.
Order Date :- 2.11.2015
R.K.P.


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