JUDGMENT

Dipak Misra, J

Leave granted.

2. The present appeal by way of special leave under Article 136 of the Constitution of India is directed against the Judgment and Order dated 21.10.2011 passed by the High Court of Judicature at Allahabad Bench at Lucknow in Writ - Petition No. 1793 (SB) of 2011 whereby the Division Bench of the High Court quashed the Order dated 30.09.2011 of the Uttar Pradesh Avas Evam Vikas Parishad (for short, ‘the Parishad’) whereby it had decided that the present appellant, a Superintending Engineer, shall hold the post of Chief Engineer on officiating basis till the regular selection was made.

3. The factual expose’, as has been unfurled, is that the post of Chief Engineer fell vacant and the Parishad, after deliberation, appointed the appellant to officiate as the Chief Engineer. The respondent, Anil Kumar Jain, invoked the extraordinary jurisdiction of the High Court challenging the said appointment on many a ground. It was contended before the High Court that he was senior in the cadre of the Superintending Engineer and, therefore, the charge should have been given to him and not to a junior person; that he had an excellent service record and there w