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Luxmi Niwas Pathak v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 227 of 2007  RD-AH 4403 (14 March 2007)
Special Appeal No. .227 of 2007
Shri Luxmi Niwas Pathak ...... Appellant
State of UP & others ......Respondents
Counsel for the appellant: Shri Manoj Kumar
Counsel for the respondents: Shri B.R.Yadav and learned Standing Counsel.
Hon'ble Ashok Bhushan,J
1. Heard Shri Manoj Kumar, learned counsel for the appellant. The contesting respondent 4 represented by one Shri B.R. Yadav has also been heard as well as the learned standing counsel.
2. The case of the appellant is that on the demise of his father he was appointed on a Class-III post in a school on a post created as a supernumerary post by way of compassionate appointment. Subsequently on a regular vacancy occurring in Pandit Hanumat Dutta Tripathi Uchchatar Madhyamik Vidyalaya he was shifted over there and it is his case that he joined over there on 1.2.2007.
3. Thereafter the respondent No. 4 appears to have filed a writ petition claiming that he is entitled to that post by way of promotion since, i.e., there is only a single post and that he is an employee in that very school. The learned Single Judge has disposed of the petition of respondent No. 4 which has been done without notice to the appellant though while observing that the rights of the appellant will not be affected. The appellant has challenged that order, he wants to know where he should work. That is not clear from the order of the learned Single Judge and that is not passed without considering his difficulties.
4. In the circumstances for the only reason that the impugned order is an ex-parte order, we set aside and restore the petition to the learned Single Judge. The learned Single Judge will examine the submissions of the respondent No.4, the appellant and of the Government and decide as to where the respondent no. 4 as well as the appellant ought to work. In the meanwhile the appellant will continue to work in Pandit Hanumat Dutta Tripathi Uchchatar Madhyamik Vidyalaya. We request the learned Single Judge to hear and decide the restored petition at his earliest preferably within eight weeks. The certified copy of the order has been filed and the appeal be numbered.
5. The appeal is allowed.
IB (Ashok Bhushan, J)
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