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Om Prakash Yadav vs State Of U.P. Through ... on 24 May, 2024 cites

Om Prakash Yadav vs State Of U.P. on 21 May, 2021

7. Since the aforesaid order of termination of the services of the petitioner was set aside and with regard to the approval of the termination order and payment of arrears of salary, the matter was remitted to the Basic Shiksha Adhikari. On the representation made by the petitioner in the light of the aforesaid judgement dated 16.1.2013, the Basic Shiksha Adhikari considered the claim of the petitioner with regard to payment of arrears of salary and having found that the petitioner was absent from the Institution from 8.9.1986 till the date of his termination without any application or without any reason and no explanation for the same was provided by the petitioner, therefore, the claim of the petitioner for arrears of salary has been denied vide order dated 7.11.2013 relying upon the principle of no work no pay. Being aggrieved by the aforesaid order dated 7.11.2013 passed by the Basic Shiksha Adhikari, the petitioner filed another Writ Petition A No. 6830 of 2014 (Om Prakash Yadav Vs. State of U.P. and others) which was allowed vide judgement and order dated 5.2.2014 and the matter was remitted back to the Basic Shiksha Adhikari, Azamgarh to take a fresh decision in the matter considering the various objections raised by the petitioner in the writ petition. Against the aforesaid order dated 5.2.2014, the Committee of Management of the said Institution filed a Special Appeal No. 245 of 2014. During the pendency of the said special appeal the Basic Shiksha Adhikari has passed an order on 30.8.2014 restoring the services of the petitioner. Subsequently, the said special appeal has been dismissed on 19.2.2016 in the light of the order dated 30.8.2014 passed by the Basic Shiksha Adhikari. The relevant portion of the order dated 30.8.2014 is being quoted as under:
Allahabad High Court Cites 8 - Cited by 2 - R Sinha - Full Document

State Of U.P. & Others vs Rajesh Kumar Yadav on 30 May, 2014

14. So far as the reliance placed upon by the learned counsel for the appellant/petitioner on the judgement and order dated 5.10.2023 passed in Special Appeal (D) No. 704 of 2023 (State of U.P. Vs. Rajesh Kumar Yadav) is concerned, that case is quite distinguishable as in that case the termination order passed by the authority was revoked by the Department itself having found that the qualification of the High School and ITI were the alternative qualifications and the ground for termination of the petitioner of that case was no more surviving. Thus it is clear that since in that case the ground for termination of services of that person did not survive and the same was revoked by the Department itself, therefore the petitioner of that case was reinstated in service with arrears of salary. However, in the instant case the ground of termination from service still survives which has been duly verified by the officers concerned from time to time. However, the termination of the appellant/petitioner was set aside only on the technical ground of non approval of the same in accordance with Rule 21 of the Rules, 1984. Thus the judgement and order of the coordinate Bench relied upon by the learned senior counsel for the appellant/petitioner is distinguishable and is of no help to the appellant/petitioner in the facts and circumstances of the present case.
Allahabad High Court Cites 0 - Cited by 52 - Full Document

Committee Of Management Subhash Laghu ... vs State Of U.P. And 2 Others on 27 March, 2023

8. Against the order dated 30.8.2014 of the Basic Shiksha Adhikari the Committee of Management filed a Writ Petition A No. 61625 of 2014 (Committee of Management, Kishan Purva Madhyamik Vidyalaya, Azamgarh Vs. State of U.P. and others), which was dismissed for want of prosecution on 18.5.2017. In the meantime the petitioner was allowed to join his services w.e.f. 2.7.2017 and from the date of his joining he was being paid regular salary in accordance with law.
Allahabad High Court Cites 3 - Cited by 0 - A K Srivastava - Full Document
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