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1998 Supreme(SC) 929

SUJATA V.MANOHAR, G.B.PATTANAIK
Yogesh Chandra Joshi – Appellant
Versus
State Of U. P. – Respondent


Judgment

Pattanaik, J.-Appellant filed a writ petition in the High Court of Allahabad challenging the order of reversion to the post of Accounts Officer from the post of Finance Officer in Jal Sansthan by order dated 18.9.1992. The Division Bench of the Allahabad High Court by the impugned order dated 21.1.1993 dismissed the said writ petition inter alia on the ground that the post of Finance Officer not having been created in consonance with the provisions of Section 27 of the U.P. Water Supply and Sewerage Act, 1975 (hereinafter referred to as ‘the Act’) inasmuch as prior approval of the Government had not been taken before the creation of the such post, the promotion of the appellant to such post does not confer any right and consequentially the order of reversion does not suffer from any infirmity. The appellant challenges the aforesaid judgment of the Allahabad High Court in this appeal.

2. From the averments made by the appellant in the writ petition filed before the High Court as well as the documents appended thereto, it appears that Allahabad Jal Sansthan Samiti created the post of Finance Officer by Resolution No. 7 dated 16.1.1978. Shri Mool Chandra K

















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