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2009 Supreme(All) 2999

C. K. PRASAD, A. P. SAHI
RAMESH NARAIN SAXENA – Appellant
Versus
CHAIRMAN, JAL SANSTHAN, AGRA – Respondent


Advocates:
Counsel :
K.R. Sirohi, Shashi Nandan, Rajiv Gupta, Abhishek Srivastava and Sudeep Harkauli for the Appellant; S.P. Giri, P.C. Jain and K.K. Mishra for the Respondents.

JUDGMENT

By the Court.—These two appeals arise out of a judgment of the learned Single Judge of this Court passed in Writ Petition No. 13138 of 1992 wherein both the appellants in the present appeals were arrayed as respondent Nos. 4 and 5 respectively. The writ petition was filed by the respondent No. 5 Anil Kumar Goel questioning the selection committee proceedings for selection to the post of Accountant in the respondent Jal Sansthan.

2. The challenge proceeded in the writ petition on the ground that the writ petitioner Anil Kumar Goel was much senior to both the appellants and therefore, having been wrongly superseded on account of adoption of a wrong criteria, the selections deserve to be set aside. The respondent petitioner had also moved a representation before the respondent-authority of the Jal Sansthan which was rejected on 28.5.92. The same was also assailed by means of an amendment application in the writ petition.

3. The learned Single Judge proceeding on the assumption that the post was a promotional post, and the criteria for selection to the said post was seniority-cum-merit, allowed the writ petition relying on certain decisions of the Apex Court which are referred































































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