DINA NATH TIWARI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2010-12-231
HIGH COURT OF ALLAHABAD
Decided on December 01,2010

DINA NATH TIWARI Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) Heard Sri Ratnesh Kumar Pandey, learned Counsel for the Petitioner and perused the record.
(2.) The Petitioner is aggrieved by the order dated 16.06.2006 (Annexure 8 to the writ petition) passed by the Joint Director of Education, I Vth Region, Azamgarh rejecting the claim of Petitioner for filling the post in question, i.e., Lecturer (Geography) by promotion instead of direct recruitment.
(3.) It is not in dispute that the post in question fell vacant on 01.07.2001. The management finding no person eligible for promotion to the said post sent requisition to U.P. Secondary Education Service Selection Board and pursuant thereto the post was advertised in 2002 and after making selection the Commission recommended the name of one Sri Ramesh Chandra for appointment to the post in question. Thereagainst the Petitioner filed Writ Petition No. 34138 of 2002 claiming that he ought to have been appointed by promotion hence no direct recruitment is permissible thereof. The said writ petition was disposed of by this Court on 19.08.2002 the Respondents were directed to consider his claim for promotion. It is pursuant thereto, Petitioner's claim for promotion has been considered and rejected by the Joint Director of Education by means of the impugned order.;


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