Swami Sharan Yadav 3944(S/S)2013 vs Ram Narain Upadhyay And Ors.
2013 Latest Caselaw 4778 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 467 of 2013
 

 
Appellant :- Swami Sharan Yadav 3944(S/S)2013
 
Respondent :- Ram Narain Upadhyay And Ors.
 
Counsel for Appellant :- H.G.S.Parihar
 
Counsel for Respondent :- C.S.C.,A.K.Jauhari
 

 
Hon'ble Uma Nath Singh,J.

Hon'ble Mahendra Dayal,J.

Order(Oral)

We have heard learned counsel for parties and perused the pleadings of writ petition.

The appellant has come being aggrieved by the interim order dated 15.7.2013 passed in Writ Petition Service Single No. 3944 of 2013, whereby according to him, the learned Single Judge has granted the final relief. 

It is a submission that the appellant, being senior to respondent-writ petitioner, was promoted from the post of lecturer of an Intermediate College to the post of Head-Master, High School.  Now he has been given the officiating charge of Intermediate College as an ad hoc arrangement.  It is also a submission of learned counsel for the appellant that respondent no. 1 was promoted to the post of Head Master of High School from the post of lecturer on 5.4.2010, but he declined to join the post and, therefore,  his promotion was cancelled. Thus, granting him relief vide the impugned order is not justified in law.

On the other hand, learned counsel for respondent no. 1 contends that the cadre of Principal of Intermediate College is different, therefore, some senior lecturer of Intermediate College should have been given the chance of officiating as the Principal of the College.

The appellant was working as senior lecturer in Intermediate College before he was promoted as Head-Master of High School whereas respondent no. 1 had declined to accept the promotion, Thus, the appellant was promoted from the post of senior lecturer of Intermediate College to the post of Head Master of High School and worked on the promotional post before he has been given the officiating charge of Principal of the Intermediate College on ad hoc basis.  As such, he can be relieved of the charge only when a regularly selected Principal is available.

For the foregoing reasons, the  impugned order is set-aside, and the Special Appeal is disposed of accordingly.

Order Date :- 30.7.2013

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