CA 4347-4375/14 1 ITEM NO.101 COURT NO.6 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal Nos.4347-4375 of 2014 STATE OF U.P & ORS Appellant(s) VERSUS SHIV KUMAR PATHAK & ORS Respondent(s) (With appln.(s) for intervention and office report) WITH S.L.P.(C) No.62/2014 (With interim relief and office report) S.L.P.(C) No.1672/2014 (With office report) S.L.P.(C) No.1674/2014 (With office report) C.A. No.4376/2014 (With interim relief and office report) S.L.P.(C)...CC No.10408/2014 (With office report) S.L.P.(C) No.11671/2014 (With office report) S.L.P.(C) No.11673/2014 (With office report) Date : 17/12/2014 These appeals were called on for hearing today. CORAM : HONBLE MR. JUSTICE DIPAK MISRA HONBLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. R. Venkataramani, Sr. Adv. Mr. Satya Mitra Garg, AOR Mrs. Manju Aggarwal Singh, Adv. Mr. Yeshraj Bundela, Adv. Signature Not Verified Mr. Rakesh Dwivedi, Sr. Adv. Digitally signed by Chetan Kumar Date: 2014.12.18 16:46:36 IST Reason: Mr. Garvesh Kabra, AOR Ms. Preetika Dwivedi, Adv. CA 4347-4375/14 2 Mr. Ashok Kumar Sharma, AOR Mr. Anjani Kumar Mishra, AOR Mr. Garvesh Kabra, AOR Ms. Preetika Dwivedi, AOR Mr. B.P. Singh Dhakray, Adv. Mr. Shakti Singh Dhakray, Adv. Dr. Kailash Chand, AOR For Respondent(s) Mr. Ranjit Kumar, S.G. Ms. Binu Tamta, Adv. Mr. B.V. Balram Das, Adv. Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv. Mr. Suryodaya Tiwari, Adv. Mr. Shailendra Kumar, Adv. Mr. Vikas Singh, Sr. Adv. Ms. Deepika Kalia, Adv. Mr. Prashant Shukla, Adv. Ms. Abha R. Sharma, AOR Mr. Kapish Seth, Adv. Mr. Amarendra Sharan, Sr. Adv. Mr. Vivek Singh, AOR Mr. Gaurav Yadava, Adv. Mr. Sudhir Chandra, Sr. Adv. Mr. Rajeev Kr. Srivastava, Adv. Mr. Ajay Srivastava, Adv. Mr. Abhishek Srivastava, Adv. Mr. Rohit Singh, AOR Mr. P.P. Rao, Sr. Adv. Mrs. K. Sarada Devi, AOR For NCTE Mr. Gaurav Sharma, Adv. Mr. Prateek Bhatia, Adv. Dr. Monika Gusain, AOR Ms. Geeta Singh, Adv. Mr. Alok Gupta, AOR Mr. Garvesh Kabra, AOR CA 4347-4375/14 3 Mr. Gopal Singh, AOR Mr. M. P. Jha, AOR Mr. Rajiv Ranjan Dwivedi, AOR Mr. Ashish Singh, Adv. Mr. T.N. Tripathi, Adv. Mr. Manohar Kumar, Adv. Mr. Dushyant Swaroop, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Vipul Maheshwari, Adv. Mr. Ashish Mittal, Adv. Mr. Vishwa Pal Singh, AOR SLP 62/14 Mr. M. R. Shamshad, AOR Mr. Vivek Vishnoi, Adv. Mr. Anupam Mishra, Adv. Mr. Simanta Kumar, Adv. Mr. Shreepal Singh, Adv. Mr. V.D. Mishra, Adv. Mr. Rahul Singh, Adv. Mr. Nishit Agrawal, Adv. Mr. Utkarsh Sharma, Adv. Mr. Vipin Kumar Jai, Adv. UPON hearing the counsel the Court made the following O R D E R Hearing resumed. In course of hearing, we have thought it appropriate to pass an interim order by which the vacancies can be filled up and the academic climate in the State of Uttar Pradesh shall not suffer an unnecessary winter. CA 4347-4375/14 4 Be it noted, this Court on 25th March, 2014, had passed the following order: Leave granted. Hearing expedited. By this interim order, we direct the State of Uttar Pradesh to fill up the vacancies of Assistant Teachers in the schools pursuant to the advertisement issued on 30.11.2011 as per the directions issued by the Division Bench of Allahabad High Court in the case of Shiv Kumar Pathak & Ors. [Special Appeal (Defective) No.237 of 2013] and connected matters as expeditiously as possible at any rate within 12 weeks time from today. Further, the State in the letter of appointment that will be issued to the successful candidates shall mention that their appointment is subject to the result of the civil appeals that are pending before this Court. The appointee(s) shall not claim any equities at the time of final disposal of the civil appeals. All actions/proceedings of the State Government will be subject to the final result of these civil appeals. Despite the aforesaid order, the State has not carried out the appointment process. After hearing the learned counsel
Posted on: Thu, 18 Dec 2014 14:16:41 +0000
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