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Supreme Court of India 2019-12-18 allowed

RANA PRATAP SINGH vs VITTIYA EVAM LEKHA ADHIKARI DIST. BASIC EDUCATION OFFICER

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

Rana Pratap Singh was selected and appointed as Junior Accounts Clerk in December 1990 by a lawfully constituted Selection Committee. His colleague Shiv Kumar Rai was promoted, creating his position. When Shiv Kumar Rai's promotion was cancelled, the appellant was terminated but then reinstated when the reversion order was stayed. The courts below dismissed his writ petition, but the Supreme Court reversed these judgments. The Court held that his appointment was valid, the subsequent termination became inoperative due to the interim stay, and the limited duration mentioned in reinstatement was contingent on the stay order's continuation. The dismissal of Shiv Kumar Rai's petition as infructuous did not affect the appellant's rights. The appeal was allowed.

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