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2019 Supreme(SC) 1116

L.NAGESWARA RAO, HEMANT GUPTA
C/M Kisan Inter College Manager – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant(s) :Ashok Kumar Singh, Advocates
For the Respondent(s):Harish Pandey, Ankur Yadav, Advocates

JUDGMENT

L. NAGESWARA RAO, J.

1. The regularization of the service of Respondent No.5-Shri Ram Mani Pandey as L.T. Grade Teacher in the Appellant-College is the subject matter of the above Appeals.

2. The Appellant-College is an aided College which is recognized by the State of Uttar Pradesh. The post of L.T. Grade Assistant Teacher (Maths) fell vacant due to the promotion of Shri Hari Prasad Pathak as Lecturer (Civics) from L.T. Grade Assistant Teacher. Respondent No.5 was appointed as L.T. Grade Assistant Teacher on 31.12.1984 in the resultant vacancy caused by the promotion of Shri Hari Prasad Pathak. The appointment of Respondent No.5 as L.T. Grade Assistant Teacher was not approved as the procedure prescribed under the U.P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder was not followed. The College stopped payment of salary to Respondent No.5 in July, 1985. Writ Petition No.18046 of 1985 filed by Respondent No.5 seeking continuance of service and payment of salary was disposed of by the High Court on 22.11.1985 with a direction to pay salary to Respondent No.5. Respondent No.5 was permitted to continue till a regular teacher was appoint

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