Shiv Prasad Shukla (In Spla ... vs State Of U.P. Thru. Secy. ...
2021 Latest Caselaw 9934 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 124 of 2021
 

 
Applicant :- Shiv Prasad Shukla (In Spla 408/2005)
 
Opposite Party :- State Of U.P. Thru. Secy. Education (Secondary) Lko. & Ors.
 
Counsel for Applicant :- Yogendra Kumar Mishra,Ajey Mishra
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr. S.K. Kalia, learned Senior Advocate, assisted by Mr. Y.K. Mishra, learned counsel for the review-applicant and gone through the record.

2. This review application has arisen out of judgment and order 5th July, 2021 passed in Special Appeal No.408 of 2005 and other connected special appeals.

3. Learned counsel for the review-applicant submits that the regulations 19 of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 is not applicable to the post of clerk in the institution in question, as such, they have been wrongly applied in the judgment. It is also submitted that the review-applicant has been working in the institution since 1995 and getting salary since 2004. A great injustice has been done with the review-applicant. It is also submitted that the review-applicant was adjusted against a sanctioned post of clerk in the institution.

4. We have considered the submissions.

5. We are of the considered view that the initial appointment of the review-applicant itself was bad as it was made on a non-sanctioned post. Subsequent sanctioning of the post or adjustment of the review-applicant on a sanctioned post under pain of contempt would not make the appointment of the review-applicant legal. Once the basic appointment of the review-applicant was bad, this review application does not call for any interference. The regulations, which have been considered, would not have much relevance in this regard. The judgment, under review, does not show any error apparent on the face of record.

6. The review application is, accordingly, dismissed.

[D.K. Singh, J.] [R.R. Awasthi, J.]

Order Date :- 9.8.2021

MVS/-