Courts Update Allahabad High Court stays third physical verification of Assistant...

Allahabad High Court stays third physical verification of Assistant Teacher

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Allahabad Aug 23(ILNS): The Allahabad High Court on August 19, put a stay on the proceedings of the order to call the assistant teacher appointed in the disability quota for the third time physical verification, despite the confirmation of 40 percent disability in physical examination twice.

A Single Bench comprised of Justice Pankaj Bhati passed this order while hearing a Petition filed by Rajni Tripathi.

The Petition has been filed challenging the order dated January 06, 2021, whereby the Petitioner was directed to appear before the Medical Board for physical verification to ascertain the disability suffered by the Petitioner.

The contention of Counsel for the Petitioner is that the Petitioner had applied for appointment under the disability quota for Assistant Teacher and in terms of a certificate submitted by the Petitioner on January 08, 2016, the Petitioner was declared 40% disability and based upon the said certificate, the Petitioner was granted an appointment.

Subsequently, on June 23, 2018, once again the medical examination was done and the petitioner was found to be suffering from 40% disability.

He argued that once again the petitioner is being subjected to the physical examination which is contrary to the intent of the Government Order dated July 20, 2018, which the order has been passed.

He relies upon the Division Bench judgment of the Court passed in Special Appeal as well as interim order of the Court passed.

“Matter requires consideration. Respondents are granted four weeks’ time to file a counter-affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

Until further orders of the Court, no action shall be taken in pursuance of the order dated January 06, 2021, passed by basic Shiksha Adhikari, Auraiya.

It is further directed that salary shall not be stopped only on the ground of compliance of the order dated January 06, 2021, and the arrears shall also be paid within two weeks”, the Court ordered./ILNS/AP/SNG

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