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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Padmakar Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. promotion based on a government order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's claim to retain position pending litigation. (Para 8 , 9 , 10 , 12) |
| 3. legal definitions and government orders related to age and promotion. (Para 13 , 14 , 16 , 17 , 18) |
| 4. consequences of the cancellation of the government order. (Para 20 , 22 , 23 , 33) |
| 5. ruling on age of retirement for the petitioner. (Para 36 , 38) |
JUDGMENT
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. In present writ petitions it is not under much dispute that petitioner was initially appointed as a Sales Officer vide order dated 18.08.1998 by Registrar, Sampoornanand Sanskrit University, Varanasi (hereinafter referred to as “University”).
2. The State of U.P. has issued a Government Order dated 31.12.2003 to Registrar of University that Governor has permitted by Government Order dated 18.09.1998 that a post of Director (Publication) under the Publication Department of University could be filled in by promotion from the post of Sales Officer (Vikray Adhikari). Scanned copy of Government Order dated 31.12.2003 is pasted hereinafter as well as its relevant part is also reproduced hereinafter:
3. Aforesaid order is the bone o
Promotion cannot be void due to allegations against a foundational Government Order unless fraud is proven; equal treatment under the law is mandatory.
The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that ad....
An employee is entitled to promotion from the date of eligibility only if they meet the stipulated criteria; failure to do so negates the claim.
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
The failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.
Promotions to the post of Professor must comply with U.G.C. regulations requiring eight years of service as Reader, and failure to provide a hearing before annulling promotions violates principles of....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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