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2014 Supreme(All) 1616

RAKESH TIWARI, VIJAY LAKSHMI
DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD. – Appellant
Versus
AZIZ ULLAH – Respondent


Advocates:
Counsel :
Baleshwar Chaturvedi for the Appellants; Shekhar Srivastava for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the appellants on Civil Misc. Delay Condonation Application No. 344900 of 2014 and perused the affidavit filed in support of this application. Cause shown for delay in filing the special appeal is sufficient. Delay is condoned and the Application for Condonation of Delay is allowed.

2. Heard learned counsel for the appellants on merit of the appeal also and perused the record.

The appellants have filed this intra Court appeal challenging the validity and correctness of the impugned judgment and order dated 24.7.2014 passed by the Writ Court in Civil Misc. Writ Petition No. 30714 of 2012, Aziz Ullah v. Dakshinanchal Vidyut Vitran Nigam Limited and others, whereby the aforesaid writ petition was allowed.

3. Brief facts giving rise to the instant appeal are that the respondent was initially appointed in 1971 as Kuli on Class-IV post with Dakshinanchal Vidyut Vitaran Nigam Limited, Agra, and thereafter on qualifying examination, he was promoted on Class-III post as Technical Grade-II (TG-2). The minimum qualification for promotion is that the incumbent apart from qualifying the examination must be a High School. On 6.8.2008, a








































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