Sunil Kumar Mishra vs State Of U.P. And 5 Others on 2 August, 2019
In that regard, reliance was placed on a Division Bench decision of this Court in R.S. Khan Vs. State of U.P. : 2005 (1) ESC 515. In the alternative, it was claimed that consequent to retirement of Suraj on 30.06.2006, the short-term vacancy got converted into substantive vacancy, as a result, the appointment of Sunil stood automatically terminated by operation of law and therefore there was no requirement to seek approval under Section 21 of U.P. Act No. 5 of 1982.