Radhey Shyam Yadav & Anr. Etc. vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 13

J. K. MAHESHWARI, K. V. VISWANATHAN
Radhey Shyam Yadav & Anr. Etc. – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Surender Kumar Gupta, AOR Mr. Chitvan Singhal, Adv. Ms. Muskan Gupta, Adv.
For the Respondent(s): Mr. Dhawal Uniyal, Adv. Mr. Naresh Kumar, Adv. Mr. Krishnanand Pandeya, AOR Ms. Sansriti Pathak, Adv. Mr. Dhawal Unyal, Adv.

JUDGMENT :

K.V. Viswanathan, J.

1. Leave granted.

2. Radhey Shyam Yadav, Lal Chandra Kharwar and Ravindra Nath Yadav are the three appellants. On 25.06.1999, they were appointed as Assistant Teachers at the Junior High School, Bahorikpur, Maharajganj, District Jaunpur, U.P. (hereinafter referred to as ‘the School’). From October, 2005, abruptly their salaries were stopped. They moved the High Court for redressal. Both the learned Single Judge and the Division Bench declined them relief. Aggrieved, they are before us in these Appeals.

Brief facts:-

3. From the record, it appears that the School started as a recognized unaided school in 1983-1984 with one post of Head Master, four posts of Assistant Teacher, three posts of Peon and one post of Clerk. On 07.10.1996, two posts of Assistant Teacher were increased, raising the sanctioned strength of Assistant Teacher to six.

4. On 26.12.1997, the Director of Education (Basic) sanctioned certain additional posts of Assistant Teacher in the aforesaid School. While the department claims that by the order of 26.12.1997, only two posts of Assistant Teacher were sanctioned, the Manager/Principal of the School claiming that three posts were sanctione

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2024 Supreme(SC) 13

J. K. MAHESHWARI, K. V. VISWANATHANRadhey Shyam Yadav & Anr. Etc. – AppellantVersusState of U. P. – Respondent

J. K. MAHESHWARI, K. V. VISWANATHAN
Radhey Shyam Yadav & Anr. Etc. – Appellant
Versus
State of U. P. – Respondent