- (1.) Heard Sri Dhananjay Kumar, learned counsel for the appellant, learned Standing counsel for respondents and perused the record.
(2.) This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment dated 27.10.2004 passed by learned Single Judge allowing petitioner-respondent Anish Kumar Hajela's Writ Petition No.27303 of 2001 and setting aside order dated 11.07.2001 passed by Deputy General Manager, Parichha Thermal Project Jhansi/Manager of U.P. Electricity Board Inter College, Parichha, Jhansi, reverting him and directing for recovery of alleged excess payment of salary.
(3.) The brief facts, as is evident from record, is that father of petitioner-respondent (hereinafter referred to as "petitioner") died in harness on 25.01.1997. Thereafter, petitioner submitted an application dated 04.02.1997 seeking appointment on the post of Lecturer on compassionate ground. The said application was forwarded to Chief Engineer, U.P. State Electricity Board, Lucknow by Chief Engineer, Agra Division, vide letter dated 16.7.1997. Thereafter, on recommendation made by General Manager, Parichha Termal Project on 21.8.1997, appointment letter was issued on 24.02.1998 to petitioner appointing him as Lecturer. Petitioner joined the post and continued to work. Thereafter, respondent authorities reviewed the matter and Chief Engineer vide letter dated 21.07.1998 took a view that compassionate appointment directly on the post of Lecturer could not have been made hence an order of reversion was passed reverting petitioner to the post of Assistant Teacher (L.T.Grade). This order was challenged before learned Single Judge and has been set aside.;