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2013 Supreme(UK) 578

ALOK SINGH
BABU RAM – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:Mr. Sudhir Singh, Advocate
For the Respondent Nos. 1 to 5: Mr. Subhash Upadhyay, Standing Counsel
For the Respondent No. 8:Mr. Ajay Veer Pundir, Advocate
For the Respondent No. 9:Mr. Shashi Kant Shandilya, Advocate

JUDGMENT

Hon’ble Alok Singh, J.

Undisputedly, in K.V. Inter College Laksar, Haridwar, petitioner was appointed as Assistant Teacher in the year 1974. Petitioner was having post graduate degree in Sociology as well as B.T.C. Undisputedly, Mr. Bhagat Ram Mittal was working as Lecturer (Sociology) in the same college. On account of retirement of Bhagat Ram Mittal in the year 1992, post of Lecturer (Sociology) has fallen vacant. Undisputedly, 50% post of lecturers were required to be filled up by promotion and 50% by direct recruitments. Undisputedly, one Shri Mahendra Pal was promoted on the post of Lecturer (Sociology). Later on promotion of Shri Mahendra Pal to the post of Lecturer (Sociology) was found to be illegal, therefore, vide order dated 17.03.1992, promotion in favour of Shri Mahendra Pal was revoked and he was demoted to the post of Assistant Teacher in the same college. Mahendra Pal challenged the cancellation/revocation of his promotion and continued to work on the promotional post under the interim stay. Ultimately, Mahendra Pal lost legal battle and post of Lecturer (Sociology) again has fallen vacant on 13.05.2010. On 13.05.2010 itself Manager of the College issued n


















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