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2012 Supreme(All) 901

SUDHIR AGARWAL
PRINCIPAL, INTERMEDIATE COLLEGE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.C. Dwivedi, R.C. Tiwari and Saroj Kumar Singh for the Petitioners; K.K. Chand, Prakash Singh and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri R.C. Dwivedi, learned counsel for petitioner and learned Standing Counsel for respondents.

2. It is simple matter but, as usual, the respondents, who are the authorities of State Government, due to their inaction and apathy to the Court cases, which has been noticed and commented upon time and again by the Courts in a large number of matters, has made complicated resulting in exchange of various affidavits etc. on peripheral issues.

3. Petitioner No. 1 is Principal of Intermediate College, Jaura Bazar, District Kushinagar (hereinafter referred to as “College”). It is an Intermediate College recognized by Board of High Schools and Intermediate (hereinafter referred to as the “U.P. Board”) under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as “Act, 9121”) and being in grant-in-aid, responsibility of payment of salary to its staff is governed by the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as “Act, 1971”). There are eleven sanctioned posts of Class IV employees out of which two were lying vacant due t














































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