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1996 Supreme(All) 1281

M.KATJU
AWADHESH PANDEY – Appellant
Versus
DEPUTY DIRECTOR OF EDUCATION, IVTH REGION – Respondent


Advocates Appeared:
G.S.D.Mishra

M. KATJU, J.

( 1 ) THIS writ petition as well as connected writ petition Nos. 32617 of 1996, and 11221 of 1996 are being disposed of by a common judgment.

( 2 ) THE controversy in these writ petitions as to who is entitled to be ad hoc principal of Sri Annu rai Intermediate College, Ballia. Admittedly the petitioner was the senior most teacher in the institution and hence in accordance with the judgment of this Court in Radha Raizada v. District inspector of Schools and Ors. , 1994 (3) UPLBEC 1551, he is entitled to work as ad hoc principal. The contention of Sri Abhay Narain Singh was that the petitioner Awadhesh Pandey had declined to be the principal in 1979. However, subsequently when the post of principal again fell vacant on the retirement of the out going principal on 30-6-1995, the petitioner Awadesh pandey was entitled to be appointed as ad hoc principal. The fact that he had declined the post in 1979 cannot be a good ground for refusing him the post in 1995. In fact this controversy has already been decided writ petition No. 21821 of 1995 Awadesh Pandey v. D. T. O. S. and Ors. , which was allowed by Honble R. A. Sharma, J. on 12-2-1996. Hence this controversy cannot be ra





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