Allahabad High Court
LAL CHAND PANDEYversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The Court ordered the respondent to consider the petitioner's regularization claim under Section 33‑G and to decide within two months.
Summary
Lal Chand Pandey, a former Assistant Teacher, filed a writ petition seeking a mandamus directing the State of U.P. and education authorities to consider his claim for regularization under Section 33‑G of the U.P. Secondary Education Service Selection Board Act, 1982, after the arrears of salary for 1998‑2007 were finally paid. An earlier order dated 12‑Oct‑2017 had rejected his regularization on the ground that the arrears were unpaid. Following the payment, the Director of Education issued a letter on 9‑Mar‑2026 requesting reconsideration of his regularization. The petitioner argued that the earlier writ (Writ‑A No.57512 of 2017) became infructuous. The High Court, by consent of the parties, disposed of the petition at the admission stage, directing the Regional Selection Committee/Joint Director of Education, Gorakhpur, to decide on the regularization within two months, in accordance with law. The petition was thus disposed with a direction to the respondent.
Issues considered
- Whether the petitioner is entitled to regularization under Section 33‑G of the U.P. Secondary Education Service Selection Board Act, 1982 after the salary arrears have been paid.
- Whether the court can issue a mandamus directing the respondent to consider the petitioner's claim for regularization.
- Whether the earlier writ petition (Writ‑A No.57512 of 2017) becomes infructuous in view of the subsequent payment of arrears and the Director's letter.
Legislation cited
- U.P. Education Service Commission Act, 2023 — s. 31(2)
- U.P. Secondary Education Service Selection Board Act, 1982 — s. 33-G
Subjects
- regularization
- mandamus
- Section 33-G
- salary arrears
- education service
- writ petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 11385 of 2026
Lal Chand Pandey
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Chandra Dwivedi
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri R.C. Dwivedi, learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
2. In view of the orders proposed to be passed, notices to respondent no.5
is being dispensed with.
3. The present writ petition has been filed with the following prayer:
"(i) issue a writ, order, rule or direction in the nature of mandamus
directing the respondents, to consider the claim of petitioner and to pass
the appropriate order on the representation made by the petitioner
regarding payment of salary and reconsider his regularization on the post
of Assistant Teacher L.T. Grade under Section 33-G of U.P. Act No.5 of
1982, as directed by the Director of Education (Secondary) U.P.,
Lucknow dated 09.03.2026, within a stipulated period as fix by this
Hon'ble Court;"
4. Shri R.C. Dwivedi, learned counsel for the petitioner contends that
claim of the petitioner for regularization was rejected vide order dated
12.10.2017 on the premise that the arrears of salary for the period
29.12.1998 to 24.01.2007 was not disbursed; however now, subsequently,
the salary of the said period has been disbursed and the Director of
Education (Secondary) U.P., Lucknow has also written a letter dated
09.03.2026 to the Regional Joint Director of Education, Gorakhpur to
reconsider the matter for regularization, in view of the fact that arrears of
salary for the said period has been disbursed.
WRIA No. 11385 of 2026
2
5. In view of the aforesaid, he submits that the Writ-A No. 57512 of 2017,
by way of which the order dated 12.10.2017 was assailed; has become
infructuous as the very genesis of the said order dated 12.10.2017, does
not exist; and the respondent no.2 has already issued a letter dated
09.03.2026 to the respondent no.3, to reconsider the claim of the
petitioner towards his entitlement to be regularized, in view of the
provision of Section 33-G of U.P. Secondary Education Service Selection
Board Act, 1982 and Rules framed thereunder; which has been saved
under Section 31 (2) of the U.P. Education Service Commission Act,
2023.
6. Learned Standing Counsel submits that the claim of the petitioner shall
be considered by the respondent no.3, in pursuance of the letter dated
09.03.2026, in accordance with law.
7. In view of the aforesaid, no fruitful purpose shall be served in keeping the
present writ petition pending; and accordingly, by the consent of the parties
the same is being decided at the admission stage, with the direction to the
Respondent No. 3- Regional Selection Committee/ Joint Director of
Education, 7th Region, Gorakhpur, to take a decision regarding the
regularization of the petitioner in terms of Section 33-G of the Act, 1982, in
pursuance of the letter dated 09.03.2026, expeditiously, in accordance with
law, preferably within a period of 2 Months from the date of service of a
certified copy of this order.
8. With the aforesaid observation and direction, the writ petition stands
disposed off.
(Siddharth Nandan,J.)
September 11, 2026
Sumit K.
Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad
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