Back
C. K. PRASAD, A. P. SAHI
AKHILESH KUMAR PANDEY – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—This appeal questions the legality of the judgment and order of the learned Single Judge dated 12.8.2009 whereby the learned Single Judge has allowed the writ petition and held that the appellant No. 1-respondent Akhilesh Kumar Pandey, did not possess the minimum qualification for appointment as a Head Master of a Junior High School, as per provisions of U.P. Basic Education Act, 1972 read with the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the Rules). Accordingly, his appointment has been quashed.
2. The issues raised in this special appeal for all intent and purposes, have been decided against the appellant by the two Division Bench decisions of this Court in the case of Smt. Madhu Bala Upadhyaya v. State of U.P. and others being Special Appeal No. 395 of 2007 decided on 19.1.2009 and in the case of Committee of Management v. State of U.P. and others, 2009(1) ADJ 331. However, since the same legal submissions have again been advanced before us, therefore, we are called upon to answer the dispute raised on the facts of the present case as well.
3. The dispute is
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
