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2013 Supreme(All) 1194

SUDHIR AGARWAL
State of U. P. and Others – Appellant
Versus
Anil Kumar Singh Yadav and Others – Respondent


Advocates:
Counsel for the Appellants : S.C.
Counsel for the Respondents: K.S. Tiwari.

Sudhir Agarwal, J.—

1. Heard learned Standing Counsel for the appellants and Sri K.S. Tiwari, Advocate for respondent.

2. The following substantial questions of law are involved in this matter:

(I) Whether in the facts and circumstances of the case, the decree of injunction could have been granted in favour of plaintiffs-respondents by Lower Appellate Court?

(II) Whether the injunction, in the facts and circumstances of the case, was barred by Section 41 of Specific Relief Act, 1963?

3. This is a defendants' second appeal filed under Section 100 C.P.C. The plaintiff-respondent, Anil Kumar Singh Yadav, instituted Original Suit No. 839 of 1996 in the Court of Civil Judge (Senior Division), Varanasi. The plaint case was that a vacancy on the post of Lecturer occurred due to retirement in Gandhi Rashtriya Inter College, Sadalpur, Varanasi (hereinafter referred to as the "College"). One Ram Awadh Singh Yadav working as Assistant Teacher, L.T. Grade was given promotion in 50% promotional quota on the aforesaid vacancy by Committee of Management of College and he was promoted on 01.07.1994. It resulted another vacancy on the post of Assistant Teacher, L.T. Grade and since no person in promotio












































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