IN THE HIGH COURT OF ALLAHABAD
Hon'ble Prakash Padia,J.
Shafique Ahmad – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Prakash Padia, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 3 and Sri Pranav Mishra, learned counsel for respondent No.2.
2. With the consent of learned counsel for the parties, the present petition is being decided at the admission stage itself.
3. The petitioner has preferred the present petition with the following prayers:-
(I) issue a writ, order of direction in the nature of certiorri quashing the impugned order dated 28.03.2024 passed by respondent Registrar/Inspector (contained in Annexure No.1 to writ petition);
(II) issue a writ, order of direction in the nature of mandamus directing the respondents to continue to pay month to month salary to petitioner for the post of Assistant Teacher Fauquania Madarsa Jamia Alia Arabia Alianagar, Mau;
(III) issue a writ, order of direction in the nature of mandamus directing the respondents for payment of arrears of difference of salary of the post of Assistant Teacher Tahtania and Assistant Teacher Fauquania alongwith adequate interest;
4. Facts in brief as contained in the writ petition are that the Madarsa Jamia Alia Arabia Alinagar, Mau (hereinafter referred to “Madarsa”) is a no

Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
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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 qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
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