Dismissed

Jai Prakash Singh v. Dios and Another

Allahabad HC17 May 2019SPLA/1340/2009

Case brief

AI extract

What is this about?

In an admiralty appeal regarding service continuity, the High Court upheld a Single Judge's judgment dismissing the appeal. The court applied a prior five-Judge Bench precedent, holding that the appellant had no right to continue service after the short-term vacancy became substantive.

What did the court decide?

The special appeal was dismissed; the judgement of the learned Single Judge was upheld.

Jai Prakash Singh Vs Dios and Another — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 34

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Case :- SPECIAL APPEAL No. - 1340 of 2009

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Appellant :- Jai Prakash Singh Respondent :- Dios And Another Counsel for Appellant :- G.K. Singh,Smt.Kamla Singh,V.K. Singh Counsel for Respondent :- C.S.C.,A.K. Sinha,Arvind Upadhyaya,I.R. Singh

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Hon'ble Sudhir Agarwal,J. Hon'ble Virendra Kumar Srivastava,J.

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Civil Misc. Delay Condonation Application No. 1 of 2018

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This is an application seeking condonation of delay in filing review application.

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Heard.

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Cause shown is sufficient.

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Delay in filing restoration application is hereby condoned.

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This application, accordingly, stands allowed.

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Civil Misc. Restoration Application No. 2 of 2018

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This is an application seeking recall of order dated 7.11.2017, whereby appeal was dismissed.

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Heard.

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Cause shown is sufficient. Order dated 7.11.2017 is recalled and appeal is restored to its original number.

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Application, accordingly, stands allowed.

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Order Date :- 17.5.2019 Vandana

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Court No. - 34

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Case :- SPECIAL APPEAL No. - 1340 of 2009

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Hon'ble Sudhir Agarwal,J. Hon'ble Virendra Kumar Srivastava,J.

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Heard Sri V.K. Singh, learned counsel for appellant and learned Standing Counsel.

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Admittedly, the appellant was appointed on a short term vacancy on 10.10.1993 in Panchsheel Inter College, Fatehganj, Jaunpur, following the provision of U.P. Secondary Education Services Commission (Removal of Difficulties ) (Second) Order, 1981 ( hereinafter referred to as "Second Order") read with U.P. Secondary Education Services Selection Board Act, 1982 ( hereinafter referred to as the "Act, 1982"). The said vacancy became substantive on 30.6.2003, therefore, in view of law laid down by five Judges Bench of this Court in Jahaj Pal Vs. District Inspector of Schools and Another, 2019 (3) ADJ 424 , appellant has no right to continue after 30.6.2003. Hence judgement in question, passed by learned Single Judge warrants no interference, since it is consistent with the view taken by full Bench of this Court in Jahaj Pal (Supra).

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The appeal is dismissed .

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Order Date :- 17.5.2019 Vandana

Jai Prakash Singh v. Dios and Another

Case brief

What is this about?

What did the court decide?

Jai Prakash Singh v. Dios and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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