Ashok Bhushan - (1.) -These two writ petitions raising common questions of law and facts have been heard together and as agreed by learned counsel for the parties, are being decided by this common judgment.
(2.) HEARD Sri R. C. Dwivedi, learned advocate appearing for Srinivash Sharma, the petitioner in the first writ petition and Sri Manu Yadav, learned advocate, appearing for Sunil Kumar, the petitioner in the second writ petition. Sri A. K. Malviya appeared for contesting respondent Rajendra Tewari in both the writ petitions and Sri R. K. Srivastava has been heard on behalf of Basic Shiksha Parishad and Basic Shiksha Adhikari. A short counter -affidavit has been filed on behalf of contesting respondent. Sri R. K. Srivastava, after obtaining instructions from Basic Shiksha Parishad and Basic Shiksha Adhikari has submitted the relevant Government orders regulating the field. The brief facts of the case for deciding both the writ petitions are that one Maheshwari Shukla, who was working as Block Resources Coordinator in Block Padarauna District Kushi Nagar, was to retire on 30.6.2007 after attaining the age of superannuation. No regular selection for filling the post of Coordinator at Block Resources Centre having been held, it became necessary to post a person or to give charge of the post of Coordinator at Block Resources Centre, Padarauna District Kushi Nagar to an appropriate official. The Specialist Basic Shiksha Adhikari, Kushi Nagar vide order dated 29.6.2007 directed to give charge of Block Resources Coordinator, Padarauna to Rajendra Tewari, the contesting respondent. The contesting respondent Rajendra Tewari was appointed as incharge, Block Resources Coordinator Block Padarauna District Kushi Nagar. Both the writ petitions have been filed challenging the order dated 29.6.2007, giving charge of Block Resources Coordinator to Rajendra Tewari.
(3.) THE case of petitioner Srinivash Sharma is that he was selected and appointed on the post of Coordinator of Nyay Panchayat Resources Centre in Block Padarauna District Kushi Nagar vide order dated 20.3.2001 and he having been working as Coordinator Nyay Panchayat Resources Centre, was entitled to be given charge of Block Resources Coordinator being eligible for appointment on the post of Block Resources Coordinator. The case of Sunil Kumar, the petitioner in the second writ petition is that he was appointed by order dated 28.11.2000 as Assistant Coordinate at Block Resources Centre, Block Padarauna District Kushi Nagar and the post of Block Resources Coordinator having fallen vacant on 30.6.2007, it was he who was entitled to be given the charge of post of Block Resources Coordinator.;