RAM PRAKASH SINGH CHAHAR Vs. STATE OF U P THRU SEC DEPT OF BASIC EDU AND OTHERS
LAWS(ALL)-2018-9-150
HIGH COURT OF ALLAHABAD
Decided on September 27,2018

Ram Prakash Singh Chahar Appellant
VERSUS
State Of U P Thru Sec Dept Of Basic Edu And Others Respondents

JUDGEMENT

Ajay Bhanot, J. - (1.) An advertisement was taken out by the Management of Shri Ram Krishna Uchchatar Madhyamik Vidyalaya, Shahpur Jatan, District Mathura inviting applications for appointment to the post of Principal of the aforesaid institution. The petitioner and other candidates participated in the selection proceedings in response to the said advertisement. At the conclusion of the selection proceedings the petitioner was selected for appointment as Principal of the said institution. The petitioner joined his post and started discharging his duties.
(2.) The respondent no.4, Rajbeer Singh, apparently made a complaint against some irregularities committed in the selection process. The selection proceedings were cancelled by the Special Secretary, (Basic Education), Govt. of U.P, by order dated 31.8.2005. However the Basic Education Officer, Mathura, by order dated 9.3.2006 directed for payment of salary to the Teachers whose appointment had been earlier cancelled by the order dated 31.8.2005.
(3.) Being aggrieved by the aforesaid action of the respondent authorities the respondent no.4 instituted a writ petition before this court. The writ petition was registered as C.M. Writ Petition No.65278 of 2006, Rajbeer Singh Vs. State of U.P. and others. The following interim order was passed in the aforesaid writ petition on 30.11.2006. "In such a circumstances petitioner has made out prima-facie case for grant of main order. Till the next date of listing payment of salary to respondent no.5 shall not be affected.";


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