Back
J. K. MAHESHWARI, K. V. VISWANATHAN
Radhey Shyam Yadav & Anr. Etc. – Appellant
Versus
State of U. P. – Respondent
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
Denial of salary without any justifiable reason cannot be countenanced.
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
Point of Law : When there is an effective adjudication by this Court that the petitioner is entitled to parity.
A court may exercise its power of review upon the discovery of new, material evidence that was unavailable despite due diligence, if such evidence establishes that an appointment met constitutional s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
