LAWS(ALL)-2006-10-65

KRIPAL SINGH SHISHODIYA Vs. DIRECTOR OF EDUCATION SECONDARY

Decided On October 30, 2006
KRIPAL SINGH SHISHODIYA Appellant
V/S
DIRECTOR OF EDUCATION SECONDARY Respondents

JUDGEMENT

(1.) BHARATI Sapru, J. Heard Sri Manish Goyal learned Counsel for the petitioner in writ petition No. 17328 of 2002 and writ petition No. 37898 of 2002, Sri G. D. Misra appearing on behalf of the petitioner in writ petition No. 21768 of 2002 and writ petition No. 21822 of 2002 and the learned Advocate General on behalf of the respondent State. Since the controversy involved in these writ petitions is common, the same is being decided by a common judgment with the consent of the parties treating the writ petition No. 17328 of 2002 leading one.

(2.) NO counter-affidavit has been filed by the State. Since there are no disputed questions of fact and there is consent of both parties, I am proceeding to hear and decide the matter finally under the Rules of the Court. The petitioner has made the following prayers - " (i) issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 20-2-2002, passed by respondent NO. 3 (Annexure-1 to the writ petition); (ii) issue a suitable writ, order or direction striking down the provisions of sub-section (6) of Section 33-C of the U. P. Secondary Education Service Selection Board Act, 1982 brought on the Statute Book w. e. f. 20-4-1998; (iii) issue a writ, order or direction in the nature of mandamus, commanding the respondent NO. 4 to pay the petitioner salary on the post of Principal; (iv) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) allow this petition with costs. "

(3.) ON 20-7-1969 the petitioner was appointed a Lecturer in Mathematics in the College of respondent No. 4. A permanent vacancy on the post of Principal arose at the College in question due to the retirement of the permanent Principal of the College Sri Kashmir Singh Pundir on 30-6-1991.