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Allahabad High Court · body

1997 DIGILAW 11 (ALL)

SURENDRA PAL SINGH v. STATE OF UTTAR PRADESH

1997-01-07

M.KATJU

body1997
M. KATJU, J. ( 1 ) HEARD Sri A. K. Goel for the petitioner and Sri Rakesh Bahadur for the respondents. ( 2 ) THE petitioner had been appointed after the termination of service of one Dharamvir Singh, an l. T. grade teacher in the institution. When the termination of service of Dharamvir Singh was quashed, the petitioners service was terminated. Hence he has filed this petition. ( 3 ) SECTION 16-EE (1) of U. P. Intermediate Education Act states as follows :" 16-EE. Absorption or retrenched employees.- (1) Where any employee of an institution has been retrenched on or after July 1, 1974 but before the commencement of the Intermediate education (Amendment) Act, 1980, and such employee possesses minimum qualifications prescribed therefor on the date of initial appointment, the Regional Deputy Director of Education shall, on an application made in this behalf direct that subject to the provisions of this section, such employee be absorbed against any permanent vacancy occurring in the same or any other institution situate in any district within his jurisdiction : Provided that in the case of an employee retrenched on or after the date of such commencement, the Regional Deputy Director of Education may issue directions under this section without any application from the employee concerned. " ( 4 ) ON the facts and circumstances of the case I am of the opinion that the petitioner may make a representation to the Regional Deputy Director of Education who may consider the matter and if he thinks fit he may issue a suitable direction under the proviso to Section 16-EE (1 ). While passing his order the Regional Deputy Director of Education may consider the plea of the petitioner that one post is already lying vacant in the institution. The Regional Deputy Director of Education shall hear both the petitioner and Committee of Management and he will pass his order in accordance with law within six weeks from the date of production of a copy of this order before him. The petition is disposed of finally with the above direction. .