LexVISHNU SHARAN PANDEY versus JOINT DIRECTOR OF EDUCATION & ORS.
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[2014] 13 S.C.R. 1273 VISHNU SHARAN PANDEY V. JOINT DIRECTOR OF EDUCATION & ORS. (CivilAppeal No. 9097of2014) SEPTEMBER 23, 2014 [T. S. THAKUR AND R. BANUMATHI, JJ.] Constitution of India, 1950: A B Art. 226 - Writ petition - Involving seniority of Lecturers c and ad hoc appointmerit of Principal of an Inter College - High Court observing that appellant was continuing as a Lecturer by obtaining a fraudulent order, directed him to refund the entire salary paiCJ to him from the specified date - High Court ought to have called upon the parties to produce D all the materials per:faining to earlier litigations and examined the effect of those orders on the appointment of appellant- Matter remitted to High Court to examine the issues enumerated in the judgment - Service law. Allowing the appeal and remitting the matter to High E Court, the Court HELD : Any finding on the correctness of the appellant's appointment seriously affects his right. The High Court, while proceeding to examine the correctness of the order dated 4.2.1991, ought to have called upon F the parties to produce all the materials pertaining to the earlier litigations and examined the effect of those orders on the appointment of the· appellant. Instead of this Court by itself examining the issues, it would be better if the matter is remitted back to the High Court to examine the G same. Accordingly, the impugned order passed by the High Court is set aside and the matter is remitted back to it for consideration afresh. [Para13-151(1279-A-B; 1279-E-G] 1273 H 1274 SUPREME COURT REPORTS (2014] 13 S.C.R. A CIVILAPPELLATE JURISDICTION: Civil Appeal No. B c 9097 of 2014. From the Judgment and Order dated 15.11.2006 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 8512 of 2002. S.R. Singh, Sr. Adv., Sushant Kumar Yadav, Ms. Asha Gopalan Nair, Advs. for the Appellant. Manoj K. Mishra, Vijay Pratap Singh, K.S. Rana, Advs. for the Respondents. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of judgment dated 15.11.2006 passed by the Allahabad Hig~ Court in CMWP No. 8512/ D 2002 in and by which the High Court has quashed the Order dated 4.2.2002 passed by the Joint Director of Education, Gorakhpur and held that the 3ro respondent was senior to the appellant for holding the post of ad hoc Principal and also held that the Order dated 4.2.1991 passed by District Inspector of E Schools, Deoria, as relied upon by the appellant is a fraudulent one and directing recovery of the entire salary paid to him for the period subsequent to 24. 7 .1976. 3. Appellant claims to have been appointed on F temporary basis as a Lecturer in Sociology in 5th respondent -college on 1.10.1972 and was appointed in the substantive post on 1.01.1973. The appointment of the appellant as a Lecturer in Sociology and his continuance had a chequered career for about two decades. CMWP No.8512/2002 was G filed by the appellant in the High Court, mainly raising the issue of seniority for holding the post of ad hoc Principal of the 5th respondent college. Dr. Lalloo Pathak, Principal of 5th respondent - Inter College died on 13.6.1999, while still in service and on his demise, the post of principal became vacant from 13.6.1999. The Managing Committee by its Resolution H VISHNU SHARAN PANDEYv. JOINT DIRECTOR OF 1275 EDUCATION & ORS. [R. BANUMATHI, J.] No. 2 dated 13.6.1999, decided to appoint the senior most A lecturer, Sri Lal Mohan Singh- 4th respondent, on the post of principal on adhoc basis and the same was sent to the authorities for approval. The Managing Committee of 5th respondent - college changed its earlier resolution dated 13. 06 .1999 and sent another decision appointing 3rd B respondent- Dr. Prem Sunder Singh as the officiating principal and thus the matter of appointment on the va·cant post of principal has been under dispute. A Writ Petition No. 39747/ 1999 was filed by Dr. Prem Sunder Singh in the Allahabad High Court and the High Court directed the parties to approach c the concerned authorities. Accordingly, District Inspector of Schools, Deoria heard 3rd and 4th respondents and upon perusal of the representation and the documents produced by them by Order dated 21.10.1999, ordered that Sri Lal Mohan Singh - 4th respondent being the senior msist lecturer D of the college is entitled to take charge as officiating
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