- (1.) A. P. Singh, J. This is plaintiff's ap peal under Section 100 Code of Civil Proce dure. The plaintiff was L. T. Grade Teacher in Jagat Singh Inter College Waharahpur, Parganasiyana, District Bulandshahr.
(2.) A post of Lecturer of Geography, along with two other posts in the Lecturer grade, was created by order of the Deputy Director of Education, dated 20th March, 1979. This order is paper No. 28- Ga, (Ex. A-2 ). The relevant portion of the order reads as follows: A reading of the order of the Deputy Director of Education would show that ap proval for creation of the post was granted with effect from the date of the appoint ment on the post, whereas the order creat ing the post had been passed and issued on 20th March 1979. Pursuant to the said order, Sri Shiv Kumar Sharma, respondent no. 3 was ap pointed by direct recruitment on 20. 2. 1980 after due approval having been received from the District Inspector of school under the provisions of U. P. Intermediate Educa tion Act.
(3.) A suit was filed by the plaintiff on 20. 11. 1979 initially seeking an order of man datory injunction to the effect that the respondent-Managing Committee of the in stitution, in question, be directed to promote him on the post of Lecturer in Geography, on the post created vide order dated 20th March, 1979 by the Deputy Director of Education. However, subsequently, the plaintiff amended the plaint and added the prayer for seeking declaration for annulment of the appointment order passed in favour of the respondent No. 3. He also impleaded the respondent No. 3 in the suit as defendant No. 3.;