IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD
CIVIL MISC. APPLICATION NO. OF 2009
(Under Chapter V Rule 6 of the High Court
Rules,1952)
On behalf of
Dr. D.P.S. Rawat, son of Late R.D.S. Rawat,
Reader, K.G.K. Post Graduate College, Moradabad, resident of 1-B/425 Buddhi
Vihar Avas Vikas Majhola, Moradabad, District Moradabad.
--------------------Intervener/Applicant.
IN
CIVIL MISC. WRIT PETITION NO. 46045
OF 2005
(DISTRICT – MORADABAD)
(Writ
Petition No. 26167 of 2000 and Writ Petition No. 901 (S/B) of 2002)
Dr.
Harish Kumar, s/o Shri Prem Singh, resident of C-103, Harpal Nagar, Moradabad, presently working as Lecturer (Geography) K.G.K. College,
Moradabad-------------------------------Petitioner
Versus
- Director of Education (Higher) Sarojini Naidu Marg, Allahabad.
- Committee of Management, K.G.K. (PG) College, Moradabad through its Manager.
- State of Uttar Pradesh, through its Secretary, Higher Education, Civil Secretariat, Lucknow.
---------------------------------Respondents.
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble application of the above
named applicant most respectfully showeth as under: -
- That this application will be filed on ______________and it is to be listed on _________________.
- That the full facts and circumstances of the case have been disclosed in the accompanying affidavit, which is the part of this application.
- That for the facts and circumstances as stated in the affidavit, it is expedient in the interest of justice that the controversy involved in all three writ petitions (writ petition no. 26167 of 2000, writ petition no. 901 (S/B) of 2002 and the present writ petition) has been finally denounced by dismissal of writ petition no. 34447 of 1994 and as such after summoning the record of writ petition no. 901 (S/B) of 2002 pending before Lucknow Bench of this Hon’ble Court, a Division Bench may be nominated to decide the matter and suitable order may be passed in the interest of justice.
PRAYER
It is, therefore, most
respectfully prayed that the controversy involved in all three writ petitions
(writ petition no. 26167 of 2000, writ petition no. 901 (S/B) of 2002 and the
present writ petition) has been finally denounced by dismissal of writ petition
no. 34447 of 1994 and as such after summoning the record of writ petition no.
901 (S/B) of 2002 pending before Lucknow Bench of this Hon’ble Court, a
Division Bench may be nominated to decide the matter and suitable order may be
passed in the interest of justice.
Dt/- 2009
( YOGESH KUMAR SAXENA )
Advocate.
Counsel for the Applicant.
Chamber no. 139, High Court,
Allahabad.
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD
AFFIDAVIT
IN
CIVIL MISC. APPLICATION NO. OF 2009
IN
CIVIL
MISC. WRIT PETITION NO. 46045 OF 2005
(DISTRICT – MORADABAD)
Dr. Harish Kumar
----------------------------------------Petitioner
Versus
Director of Education (Higher) & others --------------Respondents.
*********
Affidavit of Dr. D.P.S. Rawat, son of Late R.D.S.
Rawat, Reader, K.G.K. Post Graduate College, Moradabad, resident of 1-B/425
Buddhi Vihar Avas Vikas Majhola, Moradabad, District Moradabad.
(Deponent)
I,
the deponent abovenamed, do hereby solemnly affirm and state on oath as under:
-
1.
That the
deponent is the intervener/respondent in the abovenoted writ petition and as
such the deponent is well acquainted with the facts deposed to below.
2.
That the petitioner
apart from the present writ petition bearing writ petition no. 46045 of 2005
has filed in as much as three writ petitions bearing writ petition no. 34447 of
1994 (Dr. Harish Kumar Vs. C/M, K.G.K. (PG) College, Moradabad & others),
writ petition no. 26167 of 2000 (Dr. Harish Kumar Vs. U.P. Higher Education
Service Commission & others) and writ petition no. 901 (S/B) of 2002 (Dr.
Harish Kumar Vs. State of U.P. and others). It is submitted that even after
dismissal of writ petition 34447 of 1994 by judgement and order dated
18.1.1999, the other writ petitions have been filed referred to above in the
controversy pertaining to the right of petitioner for continuing on the post of
lecturer in K.G.K. Post Graduate College, Moradabad and to get the salary on
the post of Lecturer in the said institution.
3.
That the petitioner
had earlier taken stand that on account of vacancy on the post of Head of
Department in the institution due to retirement of R.M. Mathur had fallen on
30.6.1987 and in pursuance of advertisement dated 28.5.1988 the applicant and
the petitioner were appointed as per recommendation made by selection
committee, but since the petitioner was never appointed in the said vacancy and
as such the aforesaid writ petition was dismissed by the Division Bench on
18.1.1999.
4.
That the other writ
petition no. 26167 of 2000 was again filed by the petitioner, in which the
challenge was made on the order passed by Director of Higher Education dated
30.1.1999 forwarding the name of one Sanjay Kumar in the vacancy occurred on
account of vacancy retirement of one Dr. P.K. Gupta from the post of Head of
Department on 30.6.1997. This Hon’ble
Court directed the petitioner to continue his
functioning as Adhoc Lecturer in the institution without taken into account
that earlier writ petition filed by petitioner bearing writ petition no. 34447
of 1994 pertaining to same relief has been dismissed on 18.1.1999. The true
copy of the order dated 25.5.2000 passed in writ petition no. 26167 of 2000 is
being filed herewith and marked as Annexure
no.1 to this affidavit.
5.
That under the garb
of interim order passed in writ petition no. 26167 of 2000 when the petitioner
was not allowed to join the institution, then he filed another writ petition
before Lucknow
bench of this Hon’ble Court
bearing writ petition no. 901 (S/B) of 2002, wherein on the Misc. Application
no. 15007 of 2002 an order was passed directing the decision on the
representation filed by the petitioner. The true copy of the order dated
13.6.2002 passed in writ petition no. 901 (S/B) of 2002 is being filed herewith
and marked as Annexure no.2
to this affidavit.
6.
That thereafter the
present writ petition has been filed during the summer vacation, in which
without disclosing the fact pertaining to pendency of two writ petitions
referred to above and dismissal of earlier writ petition no. 34447 of 1994, an
interim order has been obtained under the garb of earlier interim order wherein
a direction has been issued to the Director of Education (Higher) to examine
the facts and to pass an appropriate order with regard to the claim of petitioner
and to grant the relief with all consequential benefit, which the petitioner is
entitled and also to regularize his services on the post of Lecturer in the
aforesaid Post Graduate College.
7.
That while moving the
intervening application by the present applicant, who has been appointed as
Lecturer in the institution w.e.f. 30.10.1988 and the services of applicant has
also been regualised by an order of Director of Higher Education on 26.6.1992
followed by order of management dated 30.9.1993, the applicant has moved the
present application that even without having any appointment being done of the
petitioner till date, the Director of Higher Education has regulaised the
services of petitioner w.e.f. 21.10.1986 and thereby the petitioner has now
claiming himself to be the senior than that of applicant and other lecturers
namely Dr. Brijbala Arora, Dr. Yogendra Singh and Dr. P.M. Kala working in the
department of Geography and as such all the writ petitions may kindly be
directed to be listed by the order of Hon’ble the Chief Justice as all the writ
petitions may be decided and justice may be done with the rights of the present
applicant.
8.
That it is further prayed
that since the conduct of petitioner in filing the different writ petitions
without having even his appointment till date, is getting salary of lecturer in
the institution in connivance with authorities including Director of Higher
Education under the guise of interim order dated 21.6.2005 fraudulently
obtained by the petitioner by the concealment of material facts and as such an
abuse of process in a calculated manner by exercising the pernicious influence
through reprehensible conduct has been done by the petitioner in order to
scandalize the judicial proceedings, which may tantamount to criminal contempt
of court, the notice may also be issued to the petitioner by exercising the
power conferred under Article 215 of the Constitution of India as the suitable
order may be passed in the present writ petition after the due nomination of
Division Bench by the order of Hon’ble the Chief Justice, as justice may not be
prejudice, nullify and interfered with by the conduct of the petitioner.
9.
That considering the
facts and circumstances stated above, it is expedient in the interest of
justice that this Hon’ble Court
may graciously be pleased to
I, the deponent above named, do
hereby verify that the contents of para nos.
of this affidavit are true to my personal
knowledge and those the contents of para nos.
of this affidavit are based on perusal
of records and those the contents of para nos.
of this affidavit are based on legal
advise, which all I believe to be true that no part of it is false and nothing
material has been concealed in it.
So help me God.
(Deponent)
I, Yogesh Kumar Saxena,
Advocate, High Court, Allahabad,
do hereby verify that the person making this affidavit and alleging himself to
be the deponent is known to me from perusal of papers produced before me by him
in this case.
(Advocate)
Solemnly affirmed before me on
this th day of _________, 2009 at
about a.m./p.m. by the deponent,
who has been identified by the aforesaid person.
I have satisfied myself by
examining deponent that he understands the contents of this affidavit, which
have been readover and explained to him.
OATH COMMISSIONER.
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