Allahabad Court November 1996 Judgments
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Sadanand Dwivedi Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Nov-05-1996
Reported in: (1997)1UPLBEC95
M. Katju, J.1. Heard counsel for the parties.2. This petition has been filed against the impugned orders dated 25-5-1980 and 18-8-1993, Annexures 4 and 6 to the petition. The controversy in this case is about the post of ad hoc lecturer in Hindi in Maharshi Sheobrat Lal Inter College, Radha Swami Dham Gopiganj Varanasi. This post fell vacant on the retirement of one Surya Bali Pandey on 30-6-1989. It is settled law that all ad hoc appointments are to be filled in only by promotion and by recruitment vide decision in Charu Charan Tiwari v. D.I.O.S. 1990 (1) UPLBEC 160 and the Full Bench decision in Radha Raizada's case reported in 1994 (3) UPLBEC 1551. Admittedly, the petitioner was a teacher in the institution in question whereas the respondent No. 3 was an outsider. Hence the respondent No. 3 could not have at all been appointed unless there was No eligible teacher in the institution. The submission of the learned counsel for the petitioner is that the petitioner was at serial No. 3 i...
Smt. Sudesh Mukul Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-04-1996
Reported in: (1997)1UPLBEC18
M. Katju, J.1. Heard Dr. R. G. Padia for the petitioner and Sri P. K. Mukerjee for the respondent Nos. 3 and 4.2. The grievance of the petitioner is that she has been retired of the age of 58 years while she claims that she should have been retired at the age of 60 years. Learned counsel for the petitioner relied on the bye-laws of the Central Board of Secondary Education which he has quoted in paragraph 1 of the writ petition. In my opinion, these bye-laws can not be said to have statutary force. The condition of employment of the Our Lady Fatima Higher Secondary School, Aligarh, has been Annexed as C. A.-1 to the counter-affidavit and it has been mentioned therein that the retirement age is 58 years.3. Moreover, I am the opinion, that this writ petition is not maintainable for two reasons (1) it is minority institution and hence protected by Article 30 of the Constitution vide Saint Joseph Higher Secondary School v. R. S. Sharma, AIR 1976 All 390 (2) it is an un-aided private institu...
Chandra Shekhar Saxena Vs. Director of Education (Basic) and anr.
Court: Allahabad
Decided on: Nov-04-1996
Reported in: (1997)1UPLBEC165
R.R.K. Trivedi, J.1. A learned Single Judge in Civil Misc. Writ Petition No 37167 of 1994 Jagjit Singh v. State of U. P, decided on 19-12-1894 reported in (1996) 1 UPLBEC 405 declared Rule 49-A (2) (a) of U. P. Civil Services (Classification, Control and Appeal), Rules, 1930 (hereinafter referred to as the Rules) as null and void being violative of Articles 14 and 21 of the Constitution of India. Another learned Single Judge in Civil Misc. Writ Petition No. 38588 of 1914 Chandra Shekhar Saxena v. Director of Education (Basic), U. P., Allahabad, disagreed with the view expressed in the case of Jagjit Singh v. State of U. P., and consequently referred two questions for decision by a Larger Bench Hon'ble the Chief Justice nominated Division Bench of consideration of the questions. However, the Division Bench while considering the questions referred to it came across Division Bench view in case of Anand Kumar Gupta v. State of U. P. and Ors., (1993) 1 UPLBEC 165 (DB) wherein it has been la...
Sangharsh Samiti Shikshak Samudaya Vibhagiya Pathshala and ors. Vs. St ...
Court: Allahabad
Decided on: Nov-01-1996
Reported in: (1997)1UPLBEC117
M. Katju, J.1. Heard Sri Ashok Khare for the petitioner and learned Standing Counsel for the respondents.2. In this case on 22-1-1996 this Court granted four weeks' time to file counter affidavit but as yet no counter affidavit has been filed although more than nine months has expired. I am not inclined to grant any further time for filing counter affidavit as requested by the learned Standing Counsel.3. I dispose of this petition finally treating the allegations of the petitioner as correct.4. A. This petition relates to the teachers of Primary Schools receiving grant-in-aid from the Social Welfare Department. There are 516 such Primary Schools receiving grant-in-aid which are privately managed but are recognised by the Board of Basic Education, U. P. In Allahabad district, there are 36 institutions as stated in Paragraph 3 of the petition. There are several grievances of the petitioners members. First, it is alleged that they have not been given salary for a long period. Despite orde...
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