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Revti Raman Pandey & Others v. State Of U.P. & Others - SPECIAL APPEAL No. 649 of 2000  RD-AH 17652 (12 October 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Pankaj Mithal, J.
We have heard the learned counsel for the appellants and the learned Standing Counsel.
We have also seen the impugned judgment and order dated 30.8.2000 passed by the learned Singe Judge in the writ petition. The reasoning given by the learned Single Judge is not comprehensive enough. The learned counsel for the appellants submits that according to the service rules, promotion in this service from class IV to class III post is on the criteria of seniority subject to the rejection of unfit. The statement of the Joint Director of Education, which has been relied upon by the learned Single Judge for dismissing the writ petition, says that no one less meritorious than the petitioner has been promoted. Two things are not reconcilable unless service rules stand amended.
In the circumstances, without examining this matter in this appeal, we consider it more appropriate to have this issue solved out at the level of the learned Single Judge. We therefore, set aside the impugned judgment and order dated 30.8.2000 of the learned Single Judge, requiring him to re-examine the same at that level.
The special appeal is allowed as above.
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