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2025 DAILYLAW 33182 (ALL)

MARKANDEY DUBEY v. STATE OF U.P. AND OTHERS

WRIA/53142/2006 · 2025-05-20

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85646 Court No. - 6 Case :- WRIT - A No. - 53142 of 2006 Petitioner :- Markandey Dubey Respondent :- State of U.P. and Others Counsel for Petitioner :- Ashwani K. Misra,Amresh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition is pending since 2006. 2. S/Sri Ashwani K. Misra and Amresh Kumar Tiwari, learned counsels for petitioner are not present. 3. Sri Brijesh Narayan, learned Standing Counsel for State submits that petitioner has challenged the impugned order dated 03.08.2006 passed by Director of Education (Basic) to the extend, payment of salary was denied. He further refers relevant part of impugned order, whereby payment of salary from State Exchequer was denied 4. In the impugned order, appointment of petitioner was found contrary to relevant provisions of Rule 9 of 1978 Rules as a proper Selection Committee was not constituted. 5. According to averments, despite the Selection Committee was not proper, out of 7 selected teachers,5 were granted salary but petitioner and one another were unsuited and petitioner's name were not approved. 6. The petitioner being a C.P.Ed. was not qualified for appointment. 7. In the aforesaid circumstances, the Court is of opinion that no ground of interference is made out as well as that petitioner has declared his age about 46 years, when the writ petition is filed in 2006 and presently, he has crossed age of superannuation. 8. Accordingly, writ petition is dismissed. Order Date :- 21.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad