Post-retirement withdrawal of appointment approval is illegal; retiral benefits are entitled to timely payment with interest on delays.

JUDGMENT :

Swarupama Chaturvedi, J.

Order on Civil Misc. Delay Condonation Applications.

1. Heard learned counsel for the petitioners.

2. Cause shown for delay in filing the appeals is sufficient.

3. Delay in filing the appeals is condoned.

3. Delay condonation application is allowed.

Order on Appeal

1. Heard Sri K. K. Rao, learned counsel for the appellant, Sri Grijesh Tiwari, learned counsel for the respondent no. 4 and learned Standing Counsel for the State respondents.

2. The appellant in Special Appeal Defective No.927 of 2025 has approached this Court against the impugned order dated 25.08.2025 in Writ A No.1018 of 2025 whereby the learned Single Judge has simply directed to put up the case after the decision of the Special Appeal Defective No.656 of 2023 filed by the Committee of Management. In connected appeal, which is Special Appeal Defective No.656 of 2023, the appellant has challenged the judgment and order dated 20.12.2022 in Writ A No.10356 of 2022 wherein the petition filed by the petitioner Shambhu Rao was allowed with all consequential benefits.

3. The controversy involved in both special appeals arises out of the same set of facts and relates to the inter se rights of the parties concerning the judgment rendered in Writ A No.10356 of 2022. Since the impugned order dated 25.08.2025 passed in Writ A No.1018 of 2025 is wholly dependent upon the outcome of Special Appeal Defective No.656 of 2023, and both appeals involve overlapping issues of law and fact, we consider it appropriate to hear them together and decide by a common order. Since the main challenge is to the order passed by the learned Single Judge allowing the writ petition of Shambhu Rao and the second appeal arises out of an order passed by learned Single Judge deferring the matter of interest and payment of retirement dues to Shambhu Rao, we take Special Appeal Defective No.- 656 of 2023 as leading appeal.

4. The facts giving rise to these special appeals are that the school was initially established as a Junior High School, catering to classes VI to VIII, and recognized under the Uttar Pradesh Basic Education Act, 1972, which falls within the ambit of the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978. Pursuant to an order dated 13.11.1986 issued by the Assistant Director, Basic Education, Seventh Region, Gorakhpur, three posts of Assistant Teacher were created at the Junior High School level, against which Shambhu Rao along with two more persons, got selected for the appointment. While the appointments of Ram Naresh Tripathi as Assistant Teacher (C.T. Grade) and Deen Bandhu Rao as Assistant Teacher, Urdu (Untrained Trade), were duly approved by the District Basic Education Officer, the appointment of the Shambhu Rao was deferred on the ground that his B.Ed. degree from Maithili University, Darbhanga, Bihar, was not recognized.

5. Subsequently, Shambhu Rao obtained diploma of Vyayam Ratna, equivalent to D.P.Ed., recognized by the Government order dated 18.11.1982, from Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhansi, in 1988, following which, Shambhu Rao was appointed to a vacant post of Assistant Teacher. The Manager of the Committee of Management forwarded the relevant records to the District Basic Education Officer, Deoria, by letter dated 02.03.1989, and the appointment was approved on 03.03.1989. Accordingly, the Manager of the Committee of Management issued the appointment order to Shambhu Rao, who joined the post and received the salar