JUDGEMENT
V.K.Shukla, J. -
(1.) IN the present writ, order impugned is dated 18.12.2007 passed by the District INspector of Schools, Kanpur Dehat giving directive in respect of promotion of Munnal Lal as Class III employee in the institution concerned. IN the district of Kanpur Dehat there is an institution known as Baghpur INter College, Baghpur, District Kanpur dehat. Said institution in question is duly recognised institution and the provision of U.P. act No. 2 of 1921 and regulation framed thereunder are fully applicable in the present case. INstitution in question is in grant-in-aid list of the State Government and the provision of U.P. Act No. 24 of 1971 are fully applicable to the said institution. Munnal Lal had been performing and discharging his duty as Class IV employee in the institution, and post of Assistant Clerk had fallen vacant, as such request was made by him for extending him benefit of promotion by considering his claim. INstead of proceeding to fill up the said post by way of promotion, one Devendra Bahadur Singh Chandel has been sought to be appointed on compassionate basis. Aggrieved by the said action, Munna Lal preferred Civil Misc. Writ Petition No. 5643 of 2002 and this court on 11.2.2002 asked the District INspector of Schools, Kanpur Dehat to decide the claim of Munna Lal within period of four months. Devendera Bahadur Singh Chandel had also preferred Civil Misc. Writ Petition No. 20787 of 2002 and this court again asked the District INspector of Schools, Kanpur Dehat to decide the claim by reasoned speaking order. Matter was considered and thereafter on 1.8.2002 order was passed that promotion be accorded to Munna Lal and Devendra Bahadur Singh Chandel be adjusted in some other institution in the district. Devendra Bahadur Singh Chandel filed Civil Misc. Writ Petition No. 31509 of 2002 and therein initially interim order was passed and then on 29.8.2007 writ petition was allowed. Said judgement was challenged in special appeal being Special Appeal No.1261 of 2007 and said appeal was decided finally on 20.9.2007. Thereafter, pursuant to the said order passed, District INspector of schools took up the matter and on 18.12.2007 order has been passed wherein Devendra Bahadur Singh Chandel has been asked to be adjusted in some other institution and directives have been issued for ensuring promotion and joining of Munna Lal. Against the said order, which has been passed Devendra Bahadur Singh Chandel preferred Civil Misc. writ Petition No. 1946 of 2008 and this court on 15.1.2008 dismissed the aforementioned writ petition. Complaining non compliance of the order passed by this court, contempt proceeding have been initiated wherein notices have been issued, at this juncture present writ petition has been filed questioning the validity of the order dated 18.12.2007. Smt. Manju R. Chauhan, learned counsel for the petitioner contended with vehemence that in the present case order impugned is unsustainable, such directives could not have been given by the District INspector of Schools and as such writ petition deserves to be allowed. Countering the said submission, Sri Alok Dwivedi, Advocate on the other hand contended that order, which has been sought to be challenged, has already been affirmed by this court and after said chapter has been closed, in order to help out Devendra Bahadur Singh Chandel is taking all such plea and as such writ petition is liable to be dismissed. After respective arguments have been advanced, undisputed factual position, which is emerging in the present case is that pursuant to the order passed by this court, as against the promotional quota, incumbent under dying in harness has been appointed. This court had given categorical direction to District INspector of Schools, Kanpur Dehat to consider the matter. District INspector of Schools, Kanpur Dehat had categorically considered the matter and opportunity of hearing was provided to the Management also and thereafter decision was taken on 18.12.2007, directing adjustment of incumbent from dying in harness category to another institution, and for according promotion to Munna Lal. Said order was questioned by Devendra Bahadur Singh Chandel before this court and writ petition preferred against the same was dismissed on 18.1.2008. Contempt proceedings have been on going and then present order has been sought to be challenged. It has been sought to be contended by the management that against the said order, representation has been made to the State Government on 21.4.2008 and inquiry has been done and report has been submitted. Under U.P. Act No.2 of 1921 in the matter of promotion under Chapter-III Regulation 2(2), orders passed on the representation by the District INspector of Schools are final and there is no remedy of appeal, or revision provided against the said order. either before the Joint Director of education or before the state Government. Said proceedings have no sanction of law and are totally without jurisdiction. Order dated 18.12.2007 had attained the finality after dismissal of writ petition on 18.1.2008, on 21.4.2008 representation was made. For all these period no attempt or endeavour was made to challenge the said orders neither any explanation has been furnished. Circumstances are speaking for itself that once Devendra Bahadur Singh Chandel had failed to get appointment in the institution on compassionate basis, then manager of the institution Sri Bharat Singh Chandel for obvious reason instead of complying with the order passed by this court, has come forward by filing this present belated writ petition. IN the fact of the present case this court refuses to interfere with the order impugned for the background noted above. Consequently, writ petition is dismissed. No order as to cost.;
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