Special Appeal No. 40 of 2013 is directed against the order dated 5th February, 2007 passed by learned Single Judge in Writ Petition No. 8056 of 2005 (Jagdish Prasad Tiwari v. Joint Director of Education), wherein the learned Single Judge has refused to interfere and set aside the selection and appointment of Paresh Kumar Gupta as Lecturer in History by U.P. Secondary Education Service Selection Board.

2. Special Appeal No. 39 of 2013 is directed against the judgement and order dated 1st June, 2012 passed in Writ Petition No. 54799 of 2008 (Paresh Kumar Gupta v. State of U.P. and others), wherein the writ petition in question has been allowed wherein the order impugned has been set aside holding that the post in question is a promotional quota post and respondents have been directed to reinstate the petitioner and allow him to join in the institution with all consequential benefits.

3. The brief background of the case leading to preference of both the Special Appeals are that Jagdish Prasad Tiwari, the appellant, was initially appointed as Assistant Teacher in C.T. Grade in the year 1995 and thereafter, as C.T. Grade was declared a dying cadre, he was upgraded as L.T. Grade Te