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SIDDHARTH
Vimal Kumar Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State-respondents.
2. This writ petition has been filed praying for quashing of the impugned order dated 22.10.2021 passed by Basic Education Officer, Auraiya, respondent no.3, refusing to grant bonus, increments, selection grade and suspension allowance to the petitioner. Further prayer has been made for directing the aforesaid respondent to grant bonus and increment from 22.12.1997; selection grade from 2007 and arrears of salary from 22.1.1997 to 22.12.2002 with regard to untrained grade and make payment of interest at the rate of 10 % on the delayed payment of the aforesaid amount.
3. The brief facts of the petition are that the petitioner was appointed as Assistant Teacher untrained grade under Dying-in-Harness Rules on 27.10.1997 in Pandit Nehru Madhyamik Vidyalay, Bhararipur, Auraiya, a duly aided and recognized institution. The respondent no.3, Basic Education Officer, Auraiya, by the order dated 30.5.1998, terminated the services of the petitioner without following any procedure prescribed under law but by the order dated 09.11.19998, the Joint Director of Education (Bas
The appointment under Dying-in-Harness Rules was substantive and could not be terminated without due process. Mere implication in false and illegal proceedings not resulting in any punishment cannot ....
The court held that interruptions in the respondent's service were caused by deliberate and mala fide actions of the institution and the State authorities were also held responsible for not preventin....
Employees forced out of employment due to illegal actions of the employer are entitled to payment for the period of forced unemployment.
The central legal point established in the judgment is the entitlement to terminal benefits upon superannuation and the consideration of contributions made by the petitioner during his service.
The central legal point established in the judgment is the requirement of prior approval for the termination of a Group 'D' employee, as mandated by Rule 21 of the Uttar Pradesh Recognized Basic Scho....
Upon reinstatement after suspension, the appointing authority must determine subsistence allowance and recognize the entire service length for benefits, not treating reinstatement as a fresh appointm....
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