Tuesday, April 23, 2024

Allahabad High Court gives exemption to state government to implement new policy

The Lucknow Bench of the Allahabad High Court has given exemption to the state government to implement the new policy dated September 21, 2020, in the matter of engagement of Sport Instructors.

A Single Bench of Justice Alok Mathur passed this order while hearing a petition filed by Vikas Yadav and Ors.

It has been submitted by the counsel for the petitioners that a new policy of the State Government with regard to engagement of Sports Instructors dated 21.09.2020, has been assailed by the petitioners in the petition.

It has been stated that according to the new policy of the State Government it intends to engage Sport Instructors who are registered on the ‘GEM Portal’ of the State Government.

The petitioners who are presently working on contract basis as Instructors are aggrieved by the said policy. They state that on coming into force of new policy their services will be dispensed with and in fact they have requisite experience to continue as Instructors and hence have approached the Court.

It is also not disputed that Policy of the State Government dated 21.09.2020, was assailed before the Court in Writ Petition, where the Court by means of the order dated 25.10.2021, disposed of the writ petition and challenge of the petitioners to the Policy of the State Government dated 21.09.2020 was rejected.

In the petition, an interim order was granted by the Court on 01.07.2021, providing that petitioners shall be permitted to continue as part time Sport Instructors till the next date of listing. The said interim order was passed prior to the judgment passed by the Single Judge in Writ Petition.

The Standing Counsel has submitted that once the Court had already considered the Policy and upheld the same, it would not be open for the Court to pass a contrary judgment and the Court at the best can refer the matter to the larger Bench.

He further submitted that Policy has been made since 2020, but because of the interim order passed by this Court the State Government was not able to implement the Policy dated 21.09.2020 fully.

A request has been made to modify the interim order granted in the writ petition so that respondents are able to implement the new Policy.

Counsel for the petitioners submitted that he would have no objection regarding the same but submitted that the rights of the petitioners should be protected till final decision of the petition.

“In the light of above, the interim order dated 01.07.2021, passed in the petition is modified to the extent that respondents are at liberty to proceed with the New Policy dated 21.09.2020. The petitioners on the other hand shall be allowed to continue as part time sport instructors with all benefits, during pendency of the petition. Any order passed with regard to the engagement of fresh service providers shall be subject to final orders of the Court.

On the joint request of the counsel for the parties, list this case in the second week of February, 2023, for final disposal”, the order reads.


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