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Supreme Court of India 2019-03-06 remanded

KRISHNA NAND SHUKLA vs DIRECTOR OF HIGHER EDUCATION, ALLAHABAD

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A lecturer claimed appointment on an ad hoc basis at a college affiliated with Gorakhpur University and sought mandamus for salary payment. The High Court dismissed his writ petition, but the Supreme Court found the judgment defective: the High Court had referred to pleadings from a different, connected case instead of properly examining the appellant's actual counter-affidavit and rejoinder-affidavit. Additionally, a review application raising specific grounds of apparent error was dismissed by non-speaking order without substantive consideration. The Supreme Court set aside both orders and remitted the matter for fresh decision by the High Court on the actual merits of the case.

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