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2014 Supreme(All) 1545

D. Y. CHANDRACHUD, V. K. SHUKLA
BASIC SHIKSHA PARISHAD – Appellant
Versus
RAM KISHORE – Respondent


Advocates:
Counsel :
C.S.C., Anurag Srivastava, D.R. Misra and Rahul Shukla for the Petitioner; H.G. Upadhyay, K Bajpai, P.N. Bajapi, S.M. Waseem and Shiv P. Shukla for the Respondents.

JUDGMENT

By the Court.—Basic Shiksha Parishad and two others are before this Court with a request to quash the judgment and order dated 16 January 1987 passed by the U.P. State Public Services Tribunal No. 1 at Lucknow in Claim Petition No. 497 (F) (I) of 1982 wherein claim petition has been allowed, the order passed by the authorities concerned has been set-aside and directives have been issued to treat Ram Kishore, opposite party No. 1, to be in continuous service with all consequential benefits including the salary.

2. Brief background of the case as is emanating from the pleadings, as set out by the parties, is that claimant opposite party No. 1 Ram Kishore s/o Late Sri Balai was appointed on the post of Assistant Teacher on 15 November 1967 and had been performing and discharging his duties at primary school Asena, Vikas Khand Banikodar, Barabanki, run and managed by Zila Parishad, and claimant opposite party No. 1 continued to function in the capacity of a teacher and, thereafter, after U.P. Basic Education Act, 1972 was enforced, the services of claimant opposite party No. 1 were transferred under Section 9 of the Basic Education Act under the Basic Shiksha Parishad U.P. at A












































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