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2025 DAILYLAW 29759 (ALL)

RAM NAGIN PANDEY AND ANOTHER v. D.I.O.S. DEORIA AND ANOTHER

SPLA/1073/2003 · 2025-05-25

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:89106-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1073 of 2003 Appellant :- Ram Nagin Pandey And Another Respondent :- D.I.O.S. Deoria And Another Counsel for Appellant :- Anil Bhushan,Arvind Kumar,Nitin Sharma,Rajesh Kumar Singh,Vijai Kumar Rai,W.H. Khan,N.L,Pandey Counsel for Respondent :- C.S.C,K. Shahi,Narendra Pratap Singh,R.C. Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has noticed that there was a controversy as to whether or not any vacancy existed in the institution against which the appellants claim appointment as assistant teacher in CT grade. Even if the vacancy was recognized the procedure for appointment was not shown to have been followed, inasmuch as the appointment against substantive vacancy can be made only by the District Inspector of Schools by virtue of U.P. Secondary Education Services Commission (Removal of Difficulties) (Ist Amendment) Order, 1981. The Management had no power to appoint a teacher. In this particular case the appointment was not made by the competent authority in terms of the U.P. Secondary Education Services Commission (Removal of Difficulties) (Ist Amendment) Order, 1981. The appointment made by the Committee of Management, therefore, had no sanctity in the eyes of law. Rejection of appellant's claim of salary in that regard, therefore, merits no interference. 2. Special appeal is, accordingly, dismissed. Order Date :- 26.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad