Back
J. J. MUNIR
Om Prakash Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
The petitioner, Om Prakash Yadav, appears to be a qualified and duly selected Assistant Teacher, appointed with the Raja Ram Sahab Lal Kisan Adarsh Junior High School, Saraibeeka, Jaunpur way back on 4.9.1996, and, yet, for some mysterious reason, the respondent-District Basic Education Officer, Jaunpur says that he is not qualified, not validly selected or appointed and, therefore, not entitled to salary.
2. The petitioner has moved this Court praying that a mandamus be issued to the District Basic Education Officer, Jaunpur and the Management to adjust/confirm the petitioner on the vacant post of an Assistant Teacher created with the Institution aforesaid on the retirement of one Ram Tawankal Patel and pay him salary. In substance, the petitioner prays that this Court do issue a writ of mandamus, commanding these respondents to pay him salary pursuant to his appointment as an Assistant Teacher, made strictly in accordance with law and duly approved by the Education Authority.
3. Heard Mr. Vijay Kumar Singh, learned Senior Advocate, assisted by Mr. Bhaiya Lal Yadav, learned Counsel for the petitioner, Mr. Raj Bihari, learned Counsel appearing on behalf of res
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
The main legal point established is that the deeming clause for approval under Rule 10 (5)(iii) of the Rules of 1978 does not apply when the competent authority has communicated a decision to withhol....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
