Devendra Singh v. State of Up and 4 Others
Devendra Singh v. State of Up and 4 Others
with
(अखि^लेश पाण्डेर्या)
जि ला वि द्यालर्या वि रीक्षक
हमीरपुर।
(अखि^लेश पाण्डेर्या)
जि ला वि द्यालर्या वि रीक्षक
हमीरपुर।”
3
2. To put the record straight, it may be noted that the Writ
order dated 17.10.2001 was recalled and on the same day it was
were paying the petitioners their salary. They were also required
order by which the order dated 1.6.2017 was stayed. The interim
year 1989 were made in the CT grade without there being any
connected to each other and they were heard together and when
No.200 of 2024.
learned Single Judge did not appreciate the fact that the
appellants submitted that this was the error which was also
the order dated 31.3.2006 had stated that the appellants were
for passing the order dated 31.3.2006 was that the Committee of
absorbed and on the post vacated by Sri Suraj Prasad Singh, the
account of some order of the High Court then that statement had
no basis.
Amendment Act.
institution till the date of their retirement and not just till
made the basis for taking action against the appellants after the
the appellants states that the appellant Jujhar Singh was appointed
learned counsel for the appellants states that if any mistake was
third party rights had been created. Relying upon the two
Anr. vs. State of U.P. & Ors. reported in 2024 SCC OnLine SC
10
10 and submitted that admittedly the appellants were appointed
on posts which were not vacant. This did not happen because of
Court reversed the judgment of the learned Single Judge and that
definitely were not at fault and that the State could not, after
taking work for such a long time, stop the salaries of the
this judgment and, therefore, the same are being reproduced here
as under :-
12. Learned counsel for the appellants further relied upon the
there was no illegal entry into the job ought to have been
the fact that when the initial appointment was made, the same
14. Having heard learned counsel for the appellants and Sri
reasonable time and that having not been taken, the appellants
could not now be penalized. Further, the Court is of the view that
15. In the ultimate analysis, we are thus of the view that the
16. For all the reasons which we have stated above, we are of
the considered view that if there was any irregularity in the initial
cannot be said that the appellants did not come within the
and since they were throughout teaching till the date when they
service.
17. Thus, for the reasons stated above, Special Appeal No.167
2023 is set-aside. The writ petitions are allowed and the order
consequential benefits.
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad