RADHEY SHYAM DWIVEDI Vs. DEPUTY DIRECTOR,EDUCATION
LAWS(ALL)-2012-2-245
HIGH COURT OF ALLAHABAD
Decided on February 17,2012

Radhey Shyam Dwivedi Appellant
VERSUS
Deputy Director,Education Respondents

JUDGEMENT

- (1.) HEARD Sri K.N. Mishra, learned counsel for the petitioner at length and learned Standing Counsel for the respondents.
(2.) THE writ petition is directed against the orders dated 26.12.1979 and 22.2.1980 (Annexure Nos.4 and 6 respectively to the writ petition) passed by Deputy Director of Education. By means of impugned order dated 26.12.1979, the Deputy Director of Education has held that petitioner's appointment was illegal and not made in accordance with Regulations framed under the Uttar Pradesh Intermediate Education (Amendment) Act, 1971 (hereinafter referred to as 'Act') hence was not liable to be given the benefit of Section 16 GG(1) of the Act for the purpose of regularization.
(3.) THE petitioner claims that by means of order dated 6.4.1975, the Manager, Kisan Uchchattar Madhyamic Vidyalaya Saidpur, Varanasi (hereinafter referred to as 'Institution') appointed the petitioner as Assistant Teacher for imparting Education in Junior High-school and High School in the Government Grade. Pursuant to the same, the petitioner claimed to have joined the institution on the same date i.e. on 6.4.1975. Thereafter an additional Section was created in Class IX and pursuant thereto and also with regard to Removal of Difficulties Orders dated 18.8.1975 and 28.6.1976, the petitioner was appointed as Assistant Teacher L.T. Grade by the Manager vide order dated 29.9.1976, copy whereof has been annexed as Annexure No.1 to the Supplementary Affidavit sworn on 29.7.1980.;


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