Allahabad Lucknow Court May 2015 Judgments
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Raeesul Hasan and Another Vs. State of U.P. Through Secy. Education an ...
Court: Allahabad Lucknow
Decided on: May-14-2015
Dr. D.Y. Chandrachud, C.J. The present reference to the Full Bench was made by a learned Single Judge of this Court on 20 December 2006; the issue referred for adjudication being as follows: "Which date will be relevant for the purpose of determination of criteria of availability and eligibility for promotion to the post of Lecturer grade i.e. the date on which vacancy occurs to forward to the Selection Committee/Commission or the first day of year of the recruitment when the vacancy is notified for recruitment?" The Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 established a Board for the selection of teachers in institutions recognised under the Intermediate Education Act, 1921. The Statement of Objects and Reasons appended to the introduction of the Bill in the State Legislature furnished the following rationale for the constitution of a statutory Board: "The appointment of teachers in secondary institutions recognised by the Board of High School and Interme...
State of U.P. through Secretary, Secondary Education and Others Vs. C/ ...
Court: Allahabad Lucknow
Decided on: May-12-2015
Dr. D.Y. Chandrachud, C.J. The present reference before the Full Bench has been occasioned by a referring order of a Division Bench dated 24 November 2014. The Division Bench noticed that there was a conflict between the decisions of the Division Benches in State of U P Vs Om Prakash Verma1 and Rajesh Yadav Vs Director of Education (Madhyamik), U P, Allahabad2. The Division Bench was of the view that the field was covered by a judgment of a Full Bench in Gopal Dubey Vs District Inspector of Schools3. However, the Division Bench thought it appropriate to refer the matter to the Full Bench since the judgment of the earlier Division Bench in Rajesh Yadav (supra) had considered both the earlier decisions in Om Prakash Verma as well as the judgment of the Full Bench in Gopal Dubey. Accordingly, the following questions of law have been referred for decision: (1) Whether in the absence of any sanctioned post, can a direction in the exercise of powers under Article 226 of the Constitution of I...
State of U.P. through Principal Secretary, Home and Others Vs. Rajendr ...
Court: Allahabad Lucknow
Decided on: May-11-2015
Dr. D.Y. Chandrachud, C.J. The issue On 7 November 2012, a Division Bench referred the following question of law for resolution by the Full Bench: "Whether a temporary police constable appointed under Section 2 of the Police Act 1861 (Police Act), who has not been placed on probation, can be terminated from service in accordance with the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (Police Regulation) or whether the procedure provided under Para 541 of the Police Regulations dealing with the constables on probation shall be applicable" The issue before the Full Bench, turns upon the interpretation of the provisions of the Police Act and of the Police Regulations. The issue is whether a person, who has been appointed as a police constable on a temporary basis, is entitled to the benefit of Regulation 541 of the Police Regulations. The constables who are before this Court, contend that the services of a person who is appointed on a temporary basis, can...
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