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Supreme Court of India 2016-02-03 partly_allowed

Sanjay Kumar Upadhyay & Anr vs Palak Dhari Yadav & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant was appointed as a clerk at a grant-in-aid school through direct recruitment in 1989. A senior employee challenged the appointment, arguing the post should have been filled by promotion under the U.P. Intermediate Education Act regulations. The High Court's Division Bench agreed and invalidated the appointment. However, the Supreme Court allowed the appeal as a matter of practical justice: the challenger had retired, no other employee claimed promotion rights, and the appellant had worked continuously for 26 years. The Court permitted him to continue until retirement, directing that the post be filled by promotion thereafter."

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Education Law Service Law Administrative Law Employment Promotion vs Direct Recruitment

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