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2006 Supreme(All) 1529

TARUN AGARWALA
DINESH CHANDRA MISHRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Amit Saxena and Neeraj Tiwari for the Petitioner; A.K. Tewari, A.K. Yadav, V.K. Chandel and S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner Dinesh Chandra Mishra was appointed as an Assistant Teacher in L.T. Grade on an ad hoc basis on 9.7.1993. It transpires, that a Lecturer in Mathematics retired on 30.6.2003 and consequently, a vacancy arose on 1.7.2003. The petitioner, applied for a promotion as a Lecturer. Since his case was not being considered, he filed Civil Misc. Writ Petition No. 21396 of 2003, which was disposed of, by a judgment dated 25.5.2003, directing the authorities to decide his representation with regard to his promotion on the post of Lecturer. The said claim was rejected by an order dated 29.8.2003 on the ground that his services were not regularised and that he had not completed five years of continuous service on the date of the occurrence of the vacancy. Subsequently, by an order of the Director of Education, as communicated by the letter of the District Inspector of Schools dated 3.2.2004, the services of the petitioner were regularised with effect from 20.4.1998. By another order dated 26.10.2004, the District Inspector of Schools directed the Committee of Management to forward the papers with regard to the promotion of the petitioner on th





































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