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1996 Supreme(SC) 464

G.B.PATTANAIK, K.RAMASWAMY
U. P. Shiksha And Education Board – Appellant
Versus
Rajender Prasad Gupta – Respondent


ORDER

Leave granted.

Heard counsel on both sides.

2. This appeal by special leave arises from the judgment of the High Court of Allahabad, Lucknow Bench made on March 9, 1984 in Special Appeal No. 36 (SB) of 1993,

3. The respondent was appointed as an untrained teacher in the proceedings dated May 5. 1964. He was given an opportunity to undergo training on September 29,1968, but he did not avail of the opportunity. He was given another opportunity on July 28, 1969, but he again did not avail of the same. Since lie had not availed of the opportunity, he was not permitted to continue in service. Consequently, he filed a civil suit which came to be transferred to the service Tribunal which dismissed the petition. Then he moved the High Court. The High Court by its impugned order has held that termination without following the prescribed procedure is illegal and consequently it directed reinstatement of the respondent in the service with consequential benefits. Thus this appeal by special leave.

4. It is contended by Mr, Gupta, learned counsel appearing for the appellant, that the appointment was on temporary basis and the candidate being untrained teacher, he was required to undergo train







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