JUDGMENT :

1. Heard Shri Ashok Khare, learned Senior Advocate assisted by Shri Siddharth Khare, learned counsel for the appellant and the learned Standing Counsel appearing for the State-respondents.

2. This special appeal has been filed praying to set aside the order dated 06.10.2021 passed by a learned Single Judge in Writ Appeal No. 13736 of 2001 (Shri Krishna Mohan Tiwari vs. D.I.O.S. Allahabad and Others), whereby the writ petition filed by the appellant was dismissed.

3. Undisputed facts of the present case are that one Jai Narain Vishwakarma was Lecturer in Civics who was superannuated on 30.06.1998. Thus, a substantive vacancy occurred on retirement of the aforesaid Jai Narain Vishwakarma but no requisition was made by the Committee of Management to fill up the post of Lecturer in Civics. The procedure prescribed under the provisions of the U.P. Secondary Education Services and Selection Board Act, 1982 was not followed at all by the Committee of Management and instead the Committee of Management itself advertised the post on 11.04.1998/16.04.1998 and appointed the petitioner on the post of Lecturer, who allegedly joined on 31.08.1998.

4. Learned Single Judge, while referring t