Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Aanjaney Tripathi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Shri Amrendra Nath Tripathi, learned Senior Advocate assisted by Shri Sanjeev Kumar Mishra, learned counsel for the petitioners, Ms. Radhika Singh, learned Advocate along with Ms. Richa Mishra, both appearing for the petitioners and Shri Kuldeep Pati Tripathi, learned Additional Advocate General assisted by Shri Kushal Verma, learned counsel for the respondents-State.
2. This bunch of writ petitions is being decided by means of a common judgment and order treating Writ-A No.5028 of 2012 to be leading writ petition and the judgment and order passed therein, shall be equally applicable to all the connected writ petitions.
3. By means of the present writ petition, the petitioners have prayed for the following reliefs:
(I) issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 25.6.2012 passed by the Director of Education (Secondary), U.P., Lucknow (opposite party no.2) contained as Annexure no.1 so far as it relates to the petitioners.
(II) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to create hindrance in the functioning of the petitioners on the post of Ass
Denial of salary without any justifiable reason cannot be countenanced.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
