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2021 Supreme(SC) 444

S.ABDUL NAZEER, KRISHNA MURARI
Neelima Srivastava – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s):Santosh Krishnan, Advocate
For the Respondent(s):Rajiv Yadav, Harish Pandey, Advocates

JUDGMENT :

KRISHNA MURARI, J.

Leave granted.

2. This appeal takes exception to the judgment and order dated 07.05.2018 passed by the Division Bench of Allahabad High Court (hereinafter referred to as ‘the High Court’) allowing the Special Appeal filed by the State-Respondent and setting aside the judgment and order dated 15.05.2014 passed in Writ Petition filed by the appellant herein.

3. The appellant is a Post Graduate from Kanpur University and also holds the certificate of Sangit Prabhakar and Senior Diploma from the Prayag Sangit Samiti, Allahabad. On 23.07.1984, she was appointed as Assistant Music Teacher in Government Inter College, Mahmoodabad, District Sitapur on a leave vacancy as the regular incumbent went on leave without pay. The terms of the appointment order specified that the appointment was temporary and meant to last till the permanent incumbent rejoined the service. The educational qualifications of the appellant satisfied the requirements prescribed under the relevant service rules. Vide letter dated 16.05.1986, the terms of the appointment order dated 23.07.1984 was modified by providing that the appointment was to last till the regular incumbent joined back or 20

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