Citation : 2012 Latest Caselaw 5690 ALL
Judgement Date : 21 November, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - A No. - 2230 of 1995 Petitioner :- Km.Mamta Pandey Respondent :- State Of U.P. & Others Petitioner Counsel :- A.B.Singh Respondent Counsel :- .../C.S.C. Hon'ble Rajes Kumar,J.
In the writ petition, the petitioner has challenged the order of the District Magistrate dated 5.7.1994 by which a direction has been issued to District Basic Shiksha Adhikari not to allow the B.T.C. trained teachers after 23.6.1994 on the ground that the District Magistrate has no power to issue such direction. This Court by the interim order dated 25.1.1995 has directed if the petitioner has already joined his duties in the institution, he shall not be denied payment of salary merely on the basis of the impugned order passed by the District Magistrate dated 5.7.1994. It shall, however, be open to the District Basic Education Officer or any other competent authority to revoke the appointment order after notice to the petitioner provided such appointment was obtained by fraud or misrepresentation of fact.
Sri A.B. Singh, learned counsel for the petitioner states that till date the appointment of the petitioner has not yet been cancelled.
Let the learned Standing Counsel may file counter affidavit within three weeks.
List in the week commencing 17.12.2012 showing the name of Sri Mohd. Sher Ali as counsel for the respondent.
Order Date :- 21.11.2012
OP
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