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2019 Supreme(All) 1367

RAJESH SINGH CHAUHAN
Rajendra Prasad Pal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Sharad Pathak, Laltaprasad Misra Counsel
For the Respondent: C.S.C., Ajay Kumar, Anand Prakash Pandey, Kshemendra Shukla, Neeraj Chaurasiya, Rakesh K. Srivastava, Vijay Kumar Tripathi

JUDGMENT :

Hon'ble Rajesh Singh Chauhan, J.

1. In both the aforesaid writ petitions, the order under challenge is 5.7.2016 passed by the Additional Director of Basic Education, Allahabad, Uttar Pradesh.

2. In the first writ petition, which is Writ Petition No.17715 (S/S) of 2016, there are two petitioners, namely, Rajendra Prasad Pal, who is working as Assistant Teacher in Nav Jyoti Purva Madhyamik Vidyalaya, Surendra Nagar, Hajpura, Faizabad (now Ambedkar Nagar) (hereinafter referred to as "Institution") and the second petitioner, namely, Krishna Kumar Upadhyay is working in the Institution as Assistant Clerk.

3. By means of the impugned order dated 5.7.2016, appointment of the petitioners has been refused to be recognized and the salary paid to the petitioners during service period has been directed to be recovered from the petitioners.

4. The connected Writ Petition No.30178 (S/S) of 2017 has been filed by the Committee of Management of the Institution in question against the same impugned order dated 5.7.2016 challenging the same on the ground that the said order has been passed without affording any opportunity of hearing to the Committee of Management.

5. Since the common order i.e

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