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1992 Supreme(All) 404

M.KATJU
BUDHI SAGAR DUBEY – Appellant
Versus
DT. INSPECTOR OF SCHOOLS – Respondent


Advocates Appeared:
R.O.Pradhan

M. KATJU, J.

( 1 ) THE petitioner was appointed as a Class IV employee in Salashi Inter College, Rudrapur, deoria on March 1, 1980 and since then he is working in the college. One post of Assistant Clerk fell vacant in the institution on the appointing of one Ram Narain Chaturvedi, a clerk of the institution, as Assistant Teacher. The petitioner was appointed on January 7, 1991 on the post of assistant Clerk which had been occupied by Ram Narain Chaturvedi. It may be mentioned that an order had been passed on November 20, 1990 in an earlier writ petition of the petitioner (Annexure 5 to the petition) directing that the petitioner should make a representation to the committee of management Another writ petition had been filed by the respondent No. 3 in this court which had been disposed of by the order dated October 22, 1990, (Annexure 6 to the petition ). By the order dated October 22, 1990, this Court had directed that in view of the supreme Courts decision Sushma Gosain, reported in 1990-I-LLJ-169 the petitioner is entitled to be appointed under the Dying-in-Harness Rules because his father had died in harness. In view of the two orders of this Court dated October 22, 1990 and No









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