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Gupteshwar Nath Dubey v. State Of U.P. & Others - WRIT - A No. 29404 of 2007  RD-AH 11243 (5 July 2007)
Hon'ble Ashok Bhushan, J.
Issue notice to respondent no. 4. Learned standing counsel appears for respondents No.1, 2 and 3.
Learned counsel for the petitioner submits that on complaint the illegality in the appointment of the petitioner was examined and by order dated 28.6.1999 the Additional Director of Education held that the payment of trained grade to the petitioner prior to 1984-85 was irregular since the petitioner obtained training only in the year 1984-85. The only order passed for recovery of salary of trained grade was challenged by the petitioner in writ petition No. 44960 of 1999 which writ petition was dismissed on 26.10.1999 affirming the order of recovery. Learned counsel for the petitioner submitted that again by the impugned order now the appointment has been held to be illegal and cancelled by the order dated 22.3.2007 and recommendation for cancellation has been made by order dated 22.3.2007 in pursuance of the purported compliance of the order dated 17.1.2007 passed by this Court in writ petition No. 68252 of 2006 and writ petition No. 1028 of 2007. This Court vide order dated 17.1.2007 asked the Director of Education as to why the appointment of Gupteshwar Nath Dubey who was not possessing the prescribed qualification was not cancelled and only the recovery of salary for the period before 1984-85 has been directed. Learned counsel for the petitioner submitted that the said order did not to the Director of Education to start proceedings for cancelling the appointment of the petitioner which was made in the year 1981.
Considering the above submissions and the facts of the present case prima facie case has been made for interim relief. Let counter affidavit be filed within four weeks. List thereafter. In the mean time the order dated 22.3.2007 passed by the Director of Education Annexure-1 to the writ petition shall remain stayed.
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