Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1875 OF 2009
(arising out of Special Leave Petition (C) No.3480/2007)
RADHEY SHYAM UPADHYAYA ....APPELLANT
VERSUS
STATE OF U.P. & ORS. ....RESPONDENTS
WITH
CIVIL APPEAL NO.1877 OF 2009
(@ Special Leave Petition (C) No.3684/2007)
O R D E R
Special Leave Petition (C) No.3480/2007:
Leave granted.
This is an appeal by special leave from a judgment and order
passed by the Division Bench of the High Court of Judicature at Allahabad in
Writ Petition No.24409 of 1996, by which the High Court had dismissed the
writ petition filed by the appellant seeking relief that he should be declared as
a permanent teacher with effect from the date of his initial appointment and
correction of entries in the service record be also made accordingly.
After hearing learned counsel for the parties and after going through the
materials on record including the impugned order of the High Court, we are of
the view that the relevant questions of fact which need to be considered by the
High Court while deciding the aforesaid writ petition, were not at all adhered
to by the High Court. That being the position, we are of the view that this
impugned order should be set aside and the matter may be remitted back to
the High Court for fresh decision in accordance with law. We keep open the
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question whether appointment of the appellant was in consonance with the
statutory requirement and whether the services of the appellant should be
deemed to have been approved in the post as per provisions of Section 22-F of
the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962. All these questions are
left open and to be decided by the High Court in accordance with law.
The impugned order of the High Court is thus set aside and
the matter is remitted back to the High Court for fresh decision in accordance
with law and in the light of the observations made herewith. We request the
High Court to decide the aforesaid writ petition within a period of six months
from the date of supply of a copy of of this order to it. The appeal is
accordingly allowed to the extent indicated above with no order as to costs.
Interim order, if any, stands vacated.
Special Leave Petition (C) No.3684/2007:
Leave granted.
This is an appeal by special leave from a judgment and order
passed by the Division Bench of the High Court of Judicature at Allahabad in
Writ Petition No.55045 of 2004, by which the High Court had dismissed the
writ petition also in view of its order passed in aforesaid Writ Petition
No.24409 of 1996, which we have already set aside above and has sent it back
to the High Court for fresh decision. Accordingly this impugned order of the
High Court is also set aside and the matter is remitted back to the High Court
for fresh decision in accordance with law within a period of six months from
the day of supply of a copy of this order to it. The appeal is accordingly
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allowed to the extent indicated hereinabove with no order as to costs. Interim
order, if any, stands vacated.
........................J.
(TARUN CHATTERJEE)
........................J.
(V.S. SIRPURKAR)
NEW DELHI,
MARCH 25, 2009
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