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SAURABH SHYAM SHAMSHERY
Pramod Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
This is second round of litigation. Petitioners have approached this Court earlier by way of filing Writ-A No. 18428 of 2018, which was disposed of vide order dated 29.08.2018 and for reference the same is reproduced hereinafter:
The court upheld the rejection of salary claims based on findings that the petitioners' appointment letters were forged and the selection process did not comply with applicable recruitment rules.
The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.
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....
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....
The court affirmed that appointments made prior to new qualification rules remain valid, emphasizing continuity of service and entitlement to salary for teachers who later acquired necessary qualific....
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
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 appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
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