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IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Ram Narain Ram – Appellant
Versus
State Of U.P. Thru Secy. Secondary Edu. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. This is a bunch of six writ petitions. Facts of each case would be necessary to refer hereinafter for proper adjudication of all petitions.
(A) WRIT - A No. - 26967 of 2008
2. This writ petition was filed by 13 petitioners that they were appointed as Teachers/ Employees of Respondent-Institution, namely, Anjuman Islamia Higher Secondary School, Dauna Safipur, Azamgarh, which was later on upgraded from Junior High School to Higher Secondary School.
3. Petitioners have claimed that Deputy Director of Education 7th Region, Gorakhpur has passed an order dated 01.04.1995 and sanction in all 25 posts and petitioners were thereafter appointed in pursuance of a selection process vide appointment letters issued on different dates between 2001 to 2005.
4. In 2004 Committee of Management of Respondent-Institution has filed a writ petition for taking the Institution under grant-in-aid, which was allowed vide order dated 30.09.2004 and a Special Appeal thereof filed by the State was rejected vide order dated 12.07.2005 and accordingly Respondent-Institution was brought under grant-in-aid.
5. Thereafter, in order to give financial approval, papers of petitioner
Long-standing service should be protected unless substantial evidence justifies termination, especially when interim orders are in place.
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.
An Education Officer cannot unilaterally revoke prior approvals for educational appointments without demonstrating fraud or misrepresentation, highlighting the necessity of legal process and justific....
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