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2001 Supreme(All) 711

D.S.SINHA, LAKSHMI BIHARI
RIAZ ALI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.A.S.Abidi, S.Farman Ahmad Naqvi, SHAILENDRA KUMAR SRIVASTAVA

D. S. SINHA, J.

( 1 ) HEARD Shri Shailendra Kumar Srivastava, holding brief of Sayed Farman Ahmad Naqvi, the learned counsel appearing for the petitioner.

( 2 ) NEITHER the pleadings contained in his writ petition, nor the arguments of his learned counsel disclose any legally cognizable and judicially enforceable right of the petitioner entitling him to assail the order dated January 28, 1995, a copy whereof is Annexure-16 to the petition.

( 3 ) THE petitioner, as described by him, is an officiating Executing Engineer, and was posted at etah when he approached this Court by means of instant writ petition.

( 4 ) BY the impugned order dated January 28, 1995, among others. Shri Ashok Kumar, the respondent No. 3, belonging to scheduled caste, was promoted to the post of Executive Engineer, and posted at Etah, where the petitioner, as noted earlier, was functioning as officiating executive Engineer. Apprehending that, as a consequence of the regular selection, and promotion of the respondent No. 3 and his posting at Etah, he might be dislodged and divested of the assignment of officiating Executive Engineer at Etah, the petitioner rushed to this Court praying for quashing of the order d







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