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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Rajesh Srivastava – Appellant
Versus
Committee Of Management D.M.U. Inter College Kanpur – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Pt. S. Chandra, learned counsel for the petitioners and Sri Rajiv Srivastava, learned Additional CSC for the respondent - State.
2. In spite of notice issued to the Committee of Management, no-one has responded to appear before this Court.
3. By means of present writ petition, the petitioners are challenging the order dated 15.05.2002 contained as Annexure-22 passed by respondent No.3 and Government Order dated 03.11.1997 issued by respondent No.2 contained as Annexure-23 to the writ petition with a further prayer to issue writ of mandamus commanding the respondent Nos.2 to 5, specifically respondent No.3 to accord approval to the posts and salary of the petitioners w.e.f. 05.04.1998 and to pay the petitioners their salary along with arrears of salary and to give assent to the salaries of the petitioners deeming the appointments of the petitioners to be approved as per provisions of Clauses 2(3)(iii) and 2(3)(iv) of the Removal of Difficulties (Second) Order, 1981 and accord specific approval to ensure salary of the petitioners on their respective posts treating them to be continuing in service w.e.f. 05.04.1998 till date.
4. Factual matrix of the
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
Compliance with the prescribed procedure in Clause 2(3)(ii)&(iii) of the Second Order of 1981 is essential for the validity of teacher appointments.
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The court established that adherence to prescribed procedures and principles of natural justice is essential in administrative decision-making, particularly in matters affecting the rights of individ....
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
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