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2009 Supreme(All) 2567

RAKESH SHARMA
S. P. JOSEPH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Somesh Khare and Smt. Komal Khare for the Petitioner; K.C. Sinha, P.K. Pandey, S.C. for the Respondents.

JUDGMENT

Honble Rakesh Sharma, J.—Heard Sri Somesh Khare, learned counsel for the petitioner and the learned Standing Counsel for respondents No. 1 to 3 and Sri K.C. Sinha, counsel for respondents No. 4 and 5.

2. The present writ petition has been filed by an officiating Office Superintendent Gr. II working in Christ Church Post Graduate Degree College, Kanpur Nagar assailing the order dated 30.7.2007 passed by the Director of Education (Higher Education) U.P., Allahabad rejecting the representation submitted by the petitioner seeking his approval, regularisation on the post of Office Superintendent Gr. II in the said Institution.

3. Brief facts of the case are as follows. The petitioner was appointed as routine clerk in Christ Church Post Graduate Degree College, Kanpur Nagar on 17.7.1967. This institution is a minority institution. Later on considering the satisfactory work, conduct and performance, he was promoted to the post of Senior Assistant on 19.9.1978. On 19.5.1988, a vacancy of Office Supdt. in the college fell vacant as a result of promotion granted to Sri H.K. Hastings on the further higher post of Bursar. Learned counsel for the petitioner has drawn attention of the Cou





























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