Neutral Citation No. - 2025:AHC:81010-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 437 of 2025 Appellant :- Akhaya Kumar Respondent :- State Of Up And 4 Others Counsel for Appellant :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C.,Vaibhav Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, Sri Vaibhav Tripathi, learned counsel for N.C.T.E. and learned State counsel. 2. Learned Single Judge has substantially allowed relief prayed for by the writ petitioner on the ground that Rule 2(1)(q) of U.P. Basic Education (Teachers) Service (Twenty Second Amendment) Rules, 2018 requiring training only after completing graduation is not in accord with the N.C.T.E. regulations. Since the training of the petitioner was after intermediate and before he could complete graduation, therefore, his appointment was suspended. This action of State has not found favour with the learned Single Judge. 3. The issue on merits has been examined in a serious of judgments of this Court, wherein it is clearly noticed that the amendment introduced in the rules subsequently in the year 2018 was inconsistent with the N.C.T.E. regulation dated 12.11.2014 in which there is no such stipulation. The obtaining of training after intermediate was made permissible. It is for this reason that learned Single Judge of this Court relying upon other judgments has come to the conclusion that there was no illegality in the appointment offered to the writ petitioner only because he had completed his training before graduation. 4. The only issue that now remains is with regard to denial of salary for the period petitioner's appointment was kept under suspension. 5. In the facts of the case, we find that once the issue stands settled in favour of the petitioner and his appointment is found valid there is no reason as to why the consequential benefits be denied to the petitioner. The denial of salary to the appellant was only because of the orders passed by the authorities which have been held to illegal by the learned Single Judge. 6. In that view of the matter, we modify the judgment and order passed by the learned Single Judge dated 24.4.2025 and quash the order dated 15.2.2021 and provide that the appellant would be entitled to continuity in service as well as all consequential service benefits, including arrears of salary. 7. Special appeal is, accordingly, allowed. Order Date :- 16.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad