NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1875 OF 2009 (arising out of Special Leave Petition (C) No.3480/2007)

RADHEY SHYAM UPADHYAYA ....APPELLANT VERSUS

STATE OF U.P. & ORS. ....RESPONDENTS

WITH  

CIVIL APPEAL NO.1877 OF 2009 (@ Special Leave Petition (C) No.3684/2007)

O R D E R

Special Leave Petition (C) No.3480/2007:   

Leave granted. This is an appeal by special leave from a judgment and order  

passed by the Division Bench of the High Court of Judicature at Allahabad in  

Writ Petition No.24409 of 1996, by which the High Court had dismissed the  

writ petition filed by the appellant seeking relief that he should be declared as  

a permanent teacher with effect from the date of his initial appointment and  

correction of entries in the service record be also made accordingly.

      After hearing learned counsel for the parties and after going through the  

materials on record including the impugned order of the High Court, we are of  

the view that the relevant questions of fact which need to be considered by the  

High Court while deciding the aforesaid writ petition, were not at all adhered  

to by the High Court.  That being the position, we are of the view that this  

impugned order should be set aside and the matter may be remitted back to  

the High Court for fresh decision in accordance with law.  We keep open the  

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question whether appointment of  the appellant  was in consonance with the  

statutory  requirement and whether  the  services  of  the  appellant  should  be  

deemed to have been approved in the post as per provisions of Section 22-F of  

the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962.  All these questions are  

left open and to be decided by the High Court in accordance with law.

The impugned order of the High Court is thus set aside and  

the matter is remitted back to the High Court for fresh decision in accordance  

with law and in the light of the observations made herewith.  We request the  

High Court to decide the aforesaid writ petition within a period of six months  

from  the  date  of  supply  of  a  copy  of  of  this  order  to  it.   The  appeal  is  

accordingly allowed to the extent indicated above with no order as to costs.  

Interim order, if any, stands vacated.

Special Leave Petition (C) No.3684/2007:

Leave granted.

This is an appeal by special leave from a judgment and order  

passed by the Division Bench of the High Court of Judicature at Allahabad in  

Writ Petition No.55045 of 2004, by which the High Court had dismissed the  

writ  petition  also  in  view  of  its  order  passed  in  aforesaid  Writ  Petition  

No.24409 of 1996, which we have already set aside above and has sent it back  

to the High Court for fresh decision.  Accordingly this impugned order of the  

High Court is also set aside and the matter is remitted back to the High Court  

for fresh decision in accordance with law within a period of six months from  

the day of  supply  of  a copy of  this  order to it.   The appeal  is  accordingly  

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allowed to the extent indicated hereinabove with no order as to costs.  Interim  

order, if any, stands vacated.

........................J. (TARUN CHATTERJEE)         

........................J. (V.S. SIRPURKAR)           

NEW DELHI,         MARCH 25, 2009  

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