- (1.) Heard Sri A.N. Tripathi, learned Senior Advocate, assisted by Sri R.P. Mishra, Advocate, for appellant and learned Standing Counsel for respondents.
(2.) This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment dated 02.02.2011 passed by learned Single Judge dismissing appellant's Writ Petition No. 18744 of 1989.
(3.) The facts in brief are that appellant was a Ward Boy working in Hospital at Taihar Kushun Deopur, Azamgarh. He made an application on 17.01.1988 before Joint Director (Bal Rog), Medical Health and Family Welfare, U.P. Lucknow (hereinafter referred to as "J.D.") stating that some new districts have been created wherein he should be given promotion as a Clerk since he has passed Intermediate with Science and knows Typing. Thereupon it appears that a letter was issued by J.D. on 20.12.1988 and pursuant thereto Chief Medical Officer Mau/Azamgarh (hereinafter referred to as "CMO") passed order on 14.03.1989 promoting petitioner on the post of Junior Clerk in the scale of Rs. 354-550 on temporary basis. Subsequently order of promotion was cancelled vide order dated 17.03.1989. Thereagainst writ petition was filed which has been dismissed by learned Single Judge.;