SANJAY KUMAR SENGAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sanjeev Singh, learned counsel for petitioner; Sri V.K. Singh, learned Senior Counsel assisted by Sri Samarth Singh, learned counsel for respondents and Sri Akhilesh Kumar Singh, learned counsel appearing for respondent no. 2. Sri V.K. Singh, learned Senior Counsel assisted by Sri Samarth Singh, learned counsel for petitioners in connected Writ Petition, Sri Sanjeev Singh, learned counsel appearing for respondent no. 2 in connected petition and Ms. Shruti Malviya, learned counsel appearing for State-respondent in the connected petition.

(2.) The petitioner was appointed on the post of Assistant Teacher, Vyayam in pursuance of a recruitment process initiated in pursuance of an advertisement and he joined on 4/1/2006 with the respondent-institution (a Minority Institution) on probation of one year i.e. up to 3/1/2006, which was further extended for one year i.e. upto 3/1/2008, by a resolution of the Committee of Management of School.

(3.) According to the petitioner, when he was not declared permanent and not paid regular salary, he approached the DIOS, Hathras, who passed strict orders dtd. 9/5/2007 and 21/5/2007 and directed Institution to pay his salary, which were challenged before this Court in Writ-A No. 24751 of 2007 by the respondent-Committee of Management, which was initially tagged with present writ petition but later on , on basis of statement made by its counsel it was disposed of being rendered infructuous by order dtd. 28/3/2024. The petitioner was thereafter served with a charge-sheet dtd. 6/9/2007 making allegations that he has not discharged his duties of Assistant Teacher, Vyayam diligently and was indulged in activities, which were determined to the interest of Institution and despite repeated requests, he had not improved his conduct.