SUNIL NAGAR Vs. COMM. OF MANAGEMENT AND ORS.

JUDGEMENT

(1.) Petitioner is aggrieved by an order dated 18.9.1996 passed by the Principal, Sri Anar Devi Khandelwal Polytechnic Shiksha Samiti, Mathura terminating him from service. The order further records that apart from payment of subsistence allowance, petitioner is not entitled for any other benefit for the period he has remained under suspension.

(2.) At the very outset, this Court may record that the petitioner is an employee of Sri Anar Devi Khandelwal Polytechnic Shiksha Samiti, Mathura and in the counter affidavit, a plea has been taken that the writ petition in respect of grievance relating to termination of service, is not maintainable before this Court. The issue as to whether the writ petition would lie against the Polytechnic, has been considered by this Court in Writ Petition No.3371 of 1994 in Sunil Kumar Srivastava Vs. Committee of Management and others. After noticing the scheme of the U.P. Pravidhik Shikksha Adhiniyam, 1962 as well as the judgment relied upon on behalf of the petitioner, this Court has held that writ petition against Polytechnic is maintainable. The judgment of this Court dated 9.12.2015 has been affirmed with dismissal of special appeal vide judgment reported in 2016 (3) ADJ, 68 (DB) Authorised Controller, Sri Anar Devi Khandelwal Mahila Polytechnic, Mathura Vs. Sunil Kumar Srivastava and others.

(3.) In view of the adjudication already made by this Court in Sunil Kumar Srivastava (Supra), present writ petition is held to be maintainable.