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PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Vikas Jain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This Intra Court Appeal has been filed questioning the legality, propriety and correctness of the order dated 27.5.2022 passed by the learned Single Judge in Writ (A) No. 5601 of 2022 (Vikas Jain v. State of U.P. and 5 others) whereby the learned Single Judge has disposed of the writ petition by observing that once the appellant/petitioner refused to work on the post of Officiating Head Master, therefore, the charge was given to the Respondent No. 6, Smt. Monika. It was also observed that in between her term, she cannot be disturbed and the appellant/petitioner will have a right to raise his grievance for appointment on the post of Head Master in the Institution, once the term of Respondent No. 6 comes to an end.
2. The facts giving rise to the controversy involved in the present appeal is that the appellant/petitioner approached the learned Single Judge with the allegation that he is Senior Most Assistant Teacher in the Institution in question and vide order dated 17.5.2017 he was appointed as Officiating Head Master being the Senior Most Assistant Teacher and his signatures were duly attested by the District Basic Education Officer, Saharanpur Division, Saharanpur.
A person who has voluntarily resigned from the position of Head Master cannot subsequently claim the position at the expense of the incumbent Head Master, unless the resignation is challenged and pro....
Finality of previous court decisions prohibits re-litigation of the same issues in later petitions.
The court mandates procedural fairness and proper examination of claims in administrative appointments under Article 226.
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
The court directed that grievances regarding promotion and status should be addressed by the appropriate authority within a fixed timeline, emphasizing seniority and procedural adherence.
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