RADHEY SHYAM YADAV & ANR. ETC. versus STATE OF U.P. & ORS.

Citation: [2024] 1 S.C.R. 21 · Decided: 03-01-2024 · Supreme Court of India · Bench: J.K. MAHESHWARI
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Judgment (excerpt)

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[2024] 1 S.C.R. 21 : 2024 INSC 7
Case Details
Radhey Shyam Yadav & Anr. Etc.
v.
State of U.P. & Ors.
(Civil Appeal Nos.20-21 Of 2024)
03 January 2024
[J.K. Maheshwari and K.V. Viswanathan*, JJ.]
Issue for Consideration
Three appellants herein were appointed as Assistant Teachers 
at the Junior High School on 25.06.1999. From October, 2005, 
abruptly their salaries were stopped. Whether the State was justified 
in abruptly stopping their salary.
Headnotes
Service Law – Recruitment – Stoppage of salary – The 
District Basic Education Officer case was that by order dated 
26.12.1997, only two additional posts of Assistant Teacher were 
created by the Joint Director of Education – It was averred that 
manipulation was made by the management in collusion with 
the appellants to show that three posts of Assistant Teacher 
were sanctioned – From October, 2005, abruptly salaries of 
appellants were stopped – Propriety:
Held: Apart from the bare allegation, absolutely no material was 
placed on record to show how the appellants, who were the 
applicants from the open market, had colluded or were blameworthy 
for any manipulation – According to the State, two posts were, in 
fact, sanctioned and it was the School that manipulated it, to make 
it three – Even according to the State, admittedly, till date there is 
no order terminating their services – In an inquiry report initiated 
pursuant to the directions of the High Court, it was found that 
the Manager of the School had fraudulently changed the number 
of posts from two to three in the order dated 26.12.1997 and 
accordingly, an FIR was filed against the manager – There were 
no findings of collusion or blameworthiness against appellants for 
the alleged manipulation – Appellants were bona fide applicants 
from the open market – The alleged mischief, even according to 
the State, was at the end of the School and its Manager – In the 
light of the various Supreme Court decisions, it will be travesty of 
22
[2024] 1 S.C.R.
DIGITAL SUPREME COURT REPORTS
justice if relief is denied to the appellants – Appellants were not at 
fault and the State could not have abruptly stopped their salaries 
– Accordingly, the State directed to pay salaries to the appellants 
for the period from 25.06.1999 till January, 2002 in full – Also, 
the State directed that insofar as the period from October, 2005 
till today is concerned, the State shall pay the appellants 50% of 
the backwages – The State also directed to allow the appellants 
to commence work. [Paras 8, 14, 16, 30, 34, 35]
List of Citations and Other References
Chief Engineer, M.S.E.B and Another vs. Suresh 
Raghunath Bhokare, (2005)10 SCC 465; Vikas Pratap 
Singh and Ors. vs. State of Chhattisgarh and Ors., 
[2013] 10 SCR 1114:(2013) 14 SCC 494; Anmol Kumar 
Tiwari and Others vs. State of Jharkhand and Others, 
2021 INSC 101: (2021) 5 SCC 424;	 Dr. M.S. Mudhol 
and Another vs. S.D. Halegkar and Others, [1993] 1 
Suppl. SCR 115:(1993) 3 SCC 591; Rajesh Kumar and 
Others vs. State of Bihar and Others, [2013] 4 SCR 
753:(2013) 4 SCC 690; K. Ameer Khan and Anr. Vs. A. 
Gangadharan and Ors., (2001) 9 SCC 84; Sivanandan 
C.T. and Others vs. High Court of Kerala and Ors., 
(2023) SCC OnLine SC 994 – relied on.
Sachin Kumar and Ors. Vs. Delhi Subordinate 
Service Selection Board (DSSSB) and Ors. [2021] 
2 SCR 1073:2021 INSC 147: 2021 (4) SCC 631 – 
distinguished.
Vivek Kaisth and Anr. Vs. The State of Himachal Pradesh 
and Ors., 2023 INSC 1007:2023 SCC OnLine SC 
1485 – referred to.
List of Keywords
Service Law; Recruitment; Stoppage of salary; Bona fide 
applicants; Open market; Full salary payment; Backwages.
Other Case Details Including Impugned Order and 
Appearances
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.20-21 of 2024.
[From the Judgment and Order dated 15.09.2021 of the High Court of 
Judicature at Allahabad in Special Appeal Nos.1435 and 1445 of 2023]
[2024] 1 S.C.R. 
23
RADHEY SHYAM YADAV & ANR. ETC. v. STATE OF U.P. & ORS.
Appearances:
Surender Kumar Gupta, Chitvan Singhal, Advs. for the Appellants.
Ms. Sansriti Pathak, Krishnanand Pandeya, Dhawal Uniyal, Naresh 
Kumar, Himanshu Sharma, Advs. for the Respondents.
Judgment / Order of The Supreme Court
Judgment
K.V. Viswanathan, J.
1.	
Leave granted.
2.	
Radhey Shyam Yadav, Lal Chandra Kharwar and Ravindra Nath 
Yadav are the three appellants. On 25.06.1999, they were appointed 
as Assistant Teachers at the Junior High School, Bahorikpur, 
Maharajganj, District
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