Court No. - 1 Case :- WRIT - A No. - 57632 of 2016 Petitioner :- Rakesh Patel Respondent :- Union Of India And 3 Ors. Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,A.S.G.I.,Mohd Shere Ali Hon'ble Vipin Sinha,J.
Heard learned counsel for the petitioner, Sri Mohd Shere Ali, learned counsel for respondent
no. 4 and learned Standing Counsel for the State.
With the consent of learned counsel for the parties, the present writ petition is being heard and
finally decided.
The present writ petition has been filed with the following prayer:
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1
and 2 to take a decision on the application of the petitioner for considering the proposal of
the Government of U.P. for payment of 15000/- to the petitioner.
ii. Issue a writ, order or direction in the nature of mandamus directing respondent no.2 to
take a decision on the application of the petitioner for considering the payment of 15000/- to
the petitioner.
iii. ...
iv. ..."
Contention is that the petitioner is working as full time in the school even if his engagement
was made as part time instructor on contractual basis at Rs. 8470/- per month fixed salary and
it is exploitation of the petitioner by the respondents in view of the provisions of Article 23 of
the Constitution of India. It is further contended that the respondent no. 1 may be directed to
consider the application of the petitioner for payment of honorarium Rs. 15000/- as per the
proposal submitted by State Government before the respondent no. 1.
In view of the aforesaid facts and circumstances of the case, looking to the nature of
controversy in issue, the relief as sought in the writ petition, without expressing any opinion
on the merits of the case and without calling for any counter affidavit, the writ petition is
being finally disposed off at the admission stage itself with a direction that in case, petitioner
files a fresh comprehensive application/representation raising all his grievances before
respondent no. 2 along with a certified copy of this order and a copy of the writ petition
within a period of one month from today, the same shall be considered and decided by
respondent no. 2 by means of a reasoned and speaking order after giving an opportunity of
hearing to the petitioner within a period of 2 months thereafter.
With the aforesaid observations/directions the writ petition is finally disposed off. Order Date :- 7.12.2016
Anand
Heard learned counsel for the petitioner, Sri Mohd Shere Ali, learned counsel for respondent
no. 4 and learned Standing Counsel for the State.
With the consent of learned counsel for the parties, the present writ petition is being heard and
finally decided.
The present writ petition has been filed with the following prayer:
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1
and 2 to take a decision on the application of the petitioner for considering the proposal of
the Government of U.P. for payment of 15000/- to the petitioner.
ii. Issue a writ, order or direction in the nature of mandamus directing respondent no.2 to
take a decision on the application of the petitioner for considering the payment of 15000/- to
the petitioner.
iii. ...
iv. ..."
Contention is that the petitioner is working as full time in the school even if his engagement
was made as part time instructor on contractual basis at Rs. 8470/- per month fixed salary and
it is exploitation of the petitioner by the respondents in view of the provisions of Article 23 of
the Constitution of India. It is further contended that the respondent no. 1 may be directed to
consider the application of the petitioner for payment of honorarium Rs. 15000/- as per the
proposal submitted by State Government before the respondent no. 1.
In view of the aforesaid facts and circumstances of the case, looking to the nature of
controversy in issue, the relief as sought in the writ petition, without expressing any opinion
on the merits of the case and without calling for any counter affidavit, the writ petition is
being finally disposed off at the admission stage itself with a direction that in case, petitioner
files a fresh comprehensive application/representation raising all his grievances before
respondent no. 2 along with a certified copy of this order and a copy of the writ petition
within a period of one month from today, the same shall be considered and decided by
respondent no. 2 by means of a reasoned and speaking order after giving an opportunity of
hearing to the petitioner within a period of 2 months thereafter.
With the aforesaid observations/directions the writ petition is finally disposed off. Order Date :- 7.12.2016
Anand
