- (1.) Special Appeal No. 40 of 2013 is directed against the order dated 5th February, 2007 passed by learned Single Judge in Writ Petition No. 8056 of 2005 (Jagdish Prasad Tiwari v. Joint Director of Education) , wherein the learned Single Judge has refused to interfere and set aside the selection and appointment of Paresh Kumar Gupta as Lecturer in History by U.P. Secondary Education Service Selection Board.
(2.) Special Appeal No. 39 of 2013 is directed against the judgement and order dated 1st June, 2012 passed in Writ Petition No. 54799 of 2008 (Paresh Kumar Gupta v. State of U.P. and others) , wherein the writ petition in question has been allowed wherein the order impugned has been set aside holding that the post in question is a promotional quota post and respondents have been directed to reinstate the petitioner and allow him to join in the institution with all consequential benefits.
(3.) The brief background of the case leading to preference of both the Special Appeals are that Jagdish Prasad Tiwari, the appellant, was initially appointed as Assistant Teacher in C.T. Grade in the year 1995 and thereafter, as C.T. Grade was declared a dying cadre, he was upgraded as L.T. Grade Teacher and has been performing and discharging his duties in the said capacity. On 30th June, 1997, the Principal of the institution retired and the senior most teacher, one Shesh Mani Tripathi, a Lecturer in History, was appointed as an Adhoc Principal of the institution and thus giving rise to a short-term vacancy on the post of Lecturer in History. Jagdish Prasad Tiwari claims that the Committee of Management passed a resolution on 8.10.1997 to promote him as a Lecturer on ad hoc basis and papers were transmitted to District Inspector of Schools, Jaunpur and the District Inspector of Schools, in his turn, on 22nd December, 1998, accorded approval to the same. One Dharm Raj Yadav had preferred an appeal against the same and same was allowed by an order dated 29th April, 1999, and thereafter the petitioner has preferred Writ Petition No. 30222 of 1999. On the said post of Lecturer in History, Paresh Kumar Gupta was recommended as a Lecturer in History by U.P. Secondary Education Service Selection Board pursuant to which the District Inspector of Schools asked the Management to issue an appointment letter to Paresh Kumar Gupta. Petitioner appellant at this juncture, preferred Writ Petition No. 8056 of 2005. The said writ petition in question has been dismissed vide order dated 5th February, 2007 and therein liberty was given while upholding the appointment of Paresh Kumar Gupta that the petitioner can move the application before the Regional Director of Education for his promotion and then the issue of number of vacancies would be considered and dealt with.;