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2021 Supreme(All) 782

SURYA PRAKASH KESARWANI, RAVI NATH TILHARI
Malti Devi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Babloo Pant.

JUDGMENT :

SURYA PRAKASH KESARWANI, J.

1. Heard Sri. Babloo Pant, learned counsel for the petitioner and Sri. Alok Singh, learned Standing Counsel for the State-Respondents.

2. This writ petition has been filed praying for the following reliefs:

    “(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order titled as “Recovery Notice” dated 10.07.20020 issued by the District Basic Education Officer, Kaushambi (i.e. Respondent No. 3) to the writ petition.

(ii) issue a writ, order or direction in the nature of mandamus directing the District Basic Education Officer, Kaushambi (i.e. respondent No. 3) to forthwith, release the salary of the petitioner with effect from April, 2017 till today as and when it falls due and not to cause any interference in the working of the petitioner on the post of Assistant Teacher in Mehewaghat Sarsawan Primary School, Kaushambi.”

Facts

3. Briefly stated facts of the present case are that the petitioner obtained appointment as Assistant Teacher in an institution run by U.P. Basic Education Board, vide order of appointment issued by the District Basic Education Officer, Kaushambi. By order dated 14.08.2018, the appointment of the

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