STATE OF U.P. Vs. BRIJ KISHORE JOUHARI AND ANOTHER
LAWS(ALL)-1985-1-82
HIGH COURT OF ALLAHABAD
Decided on January 22,1985

STATE OF U.P. Appellant
VERSUS
Brij Kishore Jouhari And Another Respondents

JUDGEMENT

A.N.Dikshita, J. - (1.) By means of this writ petition under Article 226 of the Constitution the petitioner has prayed to quash the order dated 28-9-1976 passed by the U. P. Public Service Tribunal (I), Lucknow, respondent No. 2 to the writ petition.
(2.) Respondent No. 1 was appointed as Assistant Teacher on 1-4-1959 in the C. T. grade in the scale of Rs. 120-250 in the Government Deaf and Dumb School, Agra. He was subsequently confirmed on the post. Thereafter vide order dated 27-11-1970 respondent No. 1 was promoted to the L. T. grade in the scale of Rs. 150-350. In the order it was made clear that the promotion was purely temporary and that respondent No. 1 was liable to be reverted at any time to his substantive post. Respondent No. 1 was transferred from Government Deaf and Dumb School, Agra, to join his new assignment at Farrukhabad and was accordingly relieved on 30-11-1970. Vide another order dated 22/23 December 1972 respondent No. 1 being the senior most teacher amongst the teachers of the said school in the L. T. grade was appointed as Principal of Government, Deaf and Dumb School, Farrukhabad by way of an ad hoc and purely temporary arrangement. It was made clear that by this appointment of respondent l he would have no right to hold the post and further that he would be liable to be reverted to his substantive post at any time. Subsequently by another Government Order dated 15-10-1973 the ad hoc and temporary appointment of respondent l as Principal of the said school was given effect to on 30-8-1972. Respondent l was subsequently reverted on 27-3-1975 to his substantive post in the C. T. grade.
(3.) Aggrieved by the order of the State Government reverting the respondent No. 1 to his substantive post in C. T. grade respondent No. 1 filed a Claim Petition under S. 4 of the U.P. Public Service Tribunal Act, 1976 before respondent No. 2.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.