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2021 Supreme(All) 748

RITU RAJ AWASTHI, DINESH KUMAR SINGH
State Of U. P Through Secy Edu. In Re W. P 1104s/S 2002 – Appellant
Versus
Gokaran P Tiwari – Respondent


Advocates Appeared:
For the Appellant : C.S.C, Birendra Singh
For the Respondent: Y.K. Misra,

1. The cases are taken up through Video Conferencing.

2. Since the common questions of law and facts are involved in these three special appeals, they are being heard and decided by a common judgment.

3. Learned Single Judge has allowed the writ petitions filed by the respondents-petitioners and has directed for payment of salary as well as creation of posts, on which they were appointed, de hors the statutory Rules.

4. Facts:-

The facts of each of three cases are stated herein-under:-(I). Special Appeal No.423 of 2005

i). Shanti Ashram Intermediate College, Saya, District Ambedkar Nagar, Faizabad (Now Ayodhya) (hereinafter referred to as 'the Institution') is a recognized Government aided Institution. It is governed under the provisions of the U. P. Intermediate Education Act, 1921, the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 and Rules and the Regulations framed thereunder. Payment of salaries etc. of employees and Teachers of the Institution are governed under the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.

ii). It was the case of the respondent-petitioner in the wr

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