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1997 Supreme(SC) 592

D.P.WADHWA, K.RAMASWAMY
Inter College, Arya Nagar, Kanpur Through Its Manager – Appellant
Versus
Sree Kumar Tiwary – Respondent


ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the Division Bench of the High Court of Allahabad, made on August 14, 1996 in SA No. 153/96.

3. The first respondent came to be appointed as an ad hoc teacher on July 1, 1986 against a short term vacancy caused by promotion of the incumbent on ad hoc basis to the next higher post. His appointment came to be terminated on May 30, 1988 w.e.f. June 30, 1988. The respondent challenged the order of termination in a writ petition. Pending writ petition, an interim order of stay though vacated by the learned single Judge, the same was granted by the Division Bench.

4. The learned single Judge on merits dismissed the writ petition. On appeal, the Division Bench in the impugned order has held that since, pending writ petition, the services of the first respondent came to be regularised, he would be entitled to continue in service. However, on consideration of the entire matter, we make it clear that the impugned judgment/order of the learned Single Judge will not stand on the continuation in service of the appellant (respondent herein) in pursuance of the order dated 27.







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