Petitioner, wrongly placed in ST category and terminated after void selection, challenged termination order. Court held void appointment creates no lien; thus dismissal of petition.
Petitioner failed to place any judgment in support of contention that void appointee deserves rights under service rules; petition dismissed.
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Neutral Citation No. - 2023:AHC:228574
Court No. - 34
Case :- WRIT - A No. - 6517 of 2023
Petitioner :- Nipendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jayant Prakash Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
of his contention that even if his appointment is void ab initio such an appointee deserves the right of being prosecuted under the relevant service Rules.
Order Date :- 2.12.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a person selected under erroneous caste category, appointed major late, and now terminated do have a right to be prosecuted under service rules.
Whether termination of services of an appointee whose selection was void ab initio is maintainable.
Nipendra Singh
State Of U.P.
3 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
