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2011 Supreme(All) 3281

SUDHIR AGARWAL
DULESHWARI DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Radha Kant Ojha and J.K. Yadav for the Petitioner; C.S.C., Satya Prakash Singh and Deepak K. Jaiswal for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—As agreed and requested by learned counsel for the parties I proceed to hear and decide the matter finally at this stage under the Rules of the Court.

2. The writ petition is directed against the order dated 31.10.2011 (Annexure 5 to the writ petition) whereby District Inspector of Schools, Ballia (hereinafter referred to as “DIOS”) has approved and promoted Smt. Shashi Singh, respondent No. 4, Lecturer in Civics in Government Girls Intermediate College, Ballia (hereinafter referred to as “College”) to function as Principal of the College being the senior most lecturer till regular arrangement on the said post of Principal is made.

3. The facts in brief giving rise to the present dispute reads as under.

4. The petitioner was initially appointed as C.T. Grade teacher in Government College on 30.6.1978, got L.T. Grade on 17.11.1980 and was ultimately promoted as Lecturer in Mathematics on 16.1.1996. It is not disputed that respondent No. 4 Smt. Shashi Singh, Lecturer-Civics is senior to the petitioner. One Jalish Fatima Beg was the Principal of the College and on attaining the age of superannuation retired on 30.6.2005. She thought to hand over char































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