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Supreme Court of India

RADHEY SHYAM UPADHYAYA vs STATE OF U.P on 25 March, 2009

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Non-reportableC.A. No.-001875-001875 - 2009Official PDFAdvocates S. C. PATEL
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1875 OF 2009
(arising out of Special Leave Petition (C) No.3480/2007)
RADHEY SHYAM UPADHYAYAAPPELLANT
VERSUS
STATE OF U.P. & ORS.RESPONDENTS
WITH
CIVIL APPEAL NO.1877 OF 2009
(@ Special Leave Petition (C) No.3684/2007)
O R D E R

writ petition filed by the appellant seeking relief that he should be declared as

a permanent teacher with effect from the date of his initial appointment and

correction of entries in the service record be also made accordingly.

After hearing learned counsel for the parties and after going through the

materials on record including the impugned order of the High Court, we are of

the view that the relevant questions of fact which need to be considered by the

High Court while deciding the aforesaid writ petition, were not at all adhered

to by the High Court. That being the position, we are of the view that this

impugned order should be set aside and the matter may be remitted back to

the High Court for fresh decision in accordance with law. We keep open the

question whether appointment of the appellant was in consonance with the

statutory requirement and whether the services of the appellant should be

deemed to have been approved in the post as per provisions of Section 22-F of

the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962. All these questions are

left open and to be decided by the High Court in accordance with law.

The impugned order of the High Court is thus set aside and

the matter is remitted back to the High Court for fresh decision in accordance

with law and in the light of the observations made herewith. We request the

High Court to decide the aforesaid writ petition within a period of six months

from the date of supply of a copy of of this order to it. The appeal is

accordingly allowed to the extent indicated above with no order as to costs.

Interim order, if any, stands vacated.

writ petition also in view of its order passed in aforesaid Writ Petition

No.24409 of 1996, which we have already set aside above and has sent it back

to the High Court for fresh decision. Accordingly this impugned order of the

High Court is also set aside and the matter is remitted back to the High Court

for fresh decision in accordance with law within a period of six months from

the day of supply of a copy of this order to it. The appeal is accordingly

allowed to the extent indicated hereinabove with no order as to costs. Interim

order, if any, stands vacated.