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2007 Supreme(All) 1538

VINEET SARAN
GOPAL PATI TRIPATHI – Appellant
Versus
U. P. SECONDARY EDUCATION SERVICE COMMISSION, ALLAHABAD – Respondent


Advocates:
Counsel :
G.S. Bhatt, K.K. Mani, V.K. Singh, P.K. Singh, Raj Kumar Pandey for the Petitioner; A.K. Yadav, R.S. Misra, Mohan Yadav, S.C. for the Respondents.

JUDGMENT

Hon’ble Vineet Saran, J.—The petitioner was initially appointed on 1.8.1967 as an Assistant Teacher in Subhash Inter College, Bhatni, District Deoria, Respondent No. 3. He was confirmed on such post on 1.8.1968. On 30.6.1984, the Principal of the institution retired and consequently the seniormost Lecturer of the institution, namely, Harihar Tiwari was appointed as adhoc Principal of the institution. As a consequence thereof, a short-term vacancy on the post of Lecturer occurred. The petitioner being the seniormost L.T. Grade teacher, was however approved for adhoc promotion against the short-term vacancy on the post of Lecturer in Civics, but was not permitted to join on such post and in the meantime a new Principal was selected by the Commission, who had joined, and pursuant thereto, said Harihar Tiwari was sent back to his original post of Lecturer. However, during this period, on 20.11.1984 a new post of Lecturer in Civics was created and sanctioned by the Director of Education. The said post was to be filled up by promotion through U.P. Secondary Education Service Commission, Respondent No. 1. The petitioner apprehended that even though the respondent No. 4 Ramesh Tiw



















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