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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Raghvendra Prasad Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. background of mishra's employment and management disputes. (Para 1 , 4 , 5 , 8) |
| 2. jurisdictional authority and hierarchy in educational administration. (Para 10 , 14 , 15) |
| 3. validity of documents proving mishra's appointment and selection. (Para 19 , 23 , 24) |
| 4. principles governing adverse entries and their communication. (Para 35 , 36 , 39 , 40) |
| 5. entitlement to notional promotion despite adverse entries. (Para 49 , 71) |
| 6. final order and directives regarding promotion and arrears. (Para 73 , 75) |
JUDGMENT :
J.J. MUNIR, J.
1. By this judgment, we propose to decide Writ-A No.62515 of 2017, Writ-A No.42077 of 2016, Writ-A No.19042 of 2022 and Writ-A No.5197 of 2024, three of these relating to the claim of Raghvendra Prasad Mishra, an Assistant Teacher with the Sri Shiv Mohar Nath Pandey Kisan Janta Inter College, Nagar Bazar, Basti, for promotion as a Lecturer in the said institution and the award of selection grade as an Assistant Teacher from the appropriate date. Of these writ petitions, Writ-A No.5197 of 2024 has been preferred by the Management of the Sri Shiv Mohar Nath Pandey Kisan Janta Inter College, Nagar Bazar, Basti (for short, 'the Management'), challengin
Uncommunicated adverse entries in service records cannot invalidate a teacher's promotion rights; statutory procedures must be strictly followed in educational governance.
The main legal point established in the judgment is that promotions must be in accordance with the sanctioned posts and set up, as per the Municipal Corporation Act, 1956 and Article 226 of the Const....
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
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