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HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Singasan Sharma – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
Swarupama Chaturvedi, J.
1. Heard Sri Om Prakash Ojha, learned counsel for the petitioner and Sri Tej Bhan Pandey, learned Standing Counsel for the State respondents.
2. All three appeals being Special Appeal No. 530 of 2025, Special Appeal No. 608 of 2025 and Special Appeal (Defective) No. 656 of 2025, have been preferred against the common judgment and order dated 28.04.2025 passed by the learned Single Judge in Writ-A No. 49901 of 2016, Savitri Devi and 2 Others vs. State of U.P. and 3 Others, and the connected Writ-A No. 50483 of 2016, Girija Shankar Pandey vs. State of U.P. and 3 Others, whereby writ petitions filed by appellants here got dismissed.
3. Since common questions of law and fact arise in all appeals, all the appeals were heard together and are being decided by this common judgment. For the sake of clarity, the factual matrix of all connected matters has been considered conjointly, as the dispute emanates from rival groups within the management of the same institution and the facts are inextricably intertwined. While the common background has been narrated together, the cases of the individual teachers have been examined with reference to their respective dat
Employees cannot be denied salary or retiral benefits for prior approved service due to later administrative inquiries questioning appointment validity.
Post-retirement withdrawal of appointment approval is illegal; retiral benefits are entitled to timely payment with interest on delays.
The court ruled that only approved service counts for seniority, while unapproved appointments do not confer such rights, emphasizing timely challenges to adverse orders.
The doctrine of relation back applies in service matters, allowing for retrospective salary payments to employees whose initial appointments are validated despite previous administrative interruption....
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
The appointment of teachers must be approved for salary and benefits as per court decisions, overriding current authority objections based on procedural violations.
Seniority among teachers is determined by the date of substantive appointment and possession of requisite qualifications at that time, with untrained teachers not equating their service with trained ....
Denial of salary without any justifiable reason cannot be countenanced.
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