ALLAHABAD HIGHCOURT, LIEN, SHIKSHAMITRA : शिक्षा मित्रों को दोनों नौकरी का लाभ नहीं, कोर्ट का लियन (LIEN) का अधिकार देने से इन्कार, क्लिक कर कोर्ट का आदेश देखें ।

ALLAHABAD HIGHCOURT, LIEN, SHIKSHAMITRA : शिक्षा मित्रों को दोनों नौकरी का लाभ नहीं, कोर्ट का लियन (LIEN) का अधिकार देने से इन्कार

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 42462 of 2016

Petitioner :- Arun Kumar And 28 Ors.
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Ashutosh Sharma,Sanjeev Singh
Counsel for Respondent :- C.S.C.,Raghvendra Pratap Singh

Hon'ble Manoj Misra,J.
The petitioners were appointed as Shiksha Mitra and subsequently they were appointed by way of adjustment on the post of Assistant Teacher pursuant to Government orders dated 19.6.2014 and 30.6.2014. Their appointments were held illegal by a Full Bench decision of this Court in the case of Anand Kumar Yadav and others Vs. Union of India and others: 2015(8) ADJ 338 (FB) against which Civil Appeal is pending before the Apex Court. Pursuant to an interim order passed therein they are continuing in service. The present petition has been filed for a direction upon the respondents to grant leave to the petitioners protecting their lien on the post under the provisions of Financial Handbook Volume II (Parts 2 to 4).
Learned Standing Counsel who has accepted notice on behalf of respondents 1, 2 and 4 and Sri R.P. Singh who has accepted notice on behalf of respondents 3 and 5 have submitted that since the petitioners are continuing in service only under an interim order, therefore, it would be appropriate for the petitioners to approach the Apex Court and obtain appropriate directions with regard to their prayer because this Court has already held that their adjustment on the post of Assistant Teacher was illegal.
I find substance in the submission made by the learned counsel for the respondents.
In view of above, the writ petition is disposed of giving liberty to the petitioners to file appropriate application before the Apex Court in respect of their claim, if so advised.
Order Date :- 7.9.2016
Arvind