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2025 DAILYLAW 128348 (ALL)

CHANDRA DEV DUBEY v. STATE OF U.P. THRU. SECY. SECONDARY EDUCATION U.P. CIVIL SECRETT. LKO. AND 4 OTHERS

CMRA/35/2023 · 2025-07-08

Irshad Ali

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38679 Court No. - 4 Case :- CIVIL MISC REVIEW APPLICATION No. - 35 of 2023 Applicant :- Chandra Dev Dubey Opposite Party :- State Of U.P. Thru. Secy. Secondary Education U.P. Civil Secrett. Lko. And 4 Others Counsel for Applicant :- Anand Mani Tripathi Hon'ble Irshad Ali,J. IA No.6 of 2025- Recall application 1. The reasons assigned in the affidavit filed in support of the application are sufficient. Accordingly, the application is allowed. 2. The order dated 4.12.2024 is recalled and the review application is restored to its original number. Review Application 1. Heard. 2. In this application the applicant is claiming that he is regularly promoted Lecturer in the institution, therefore, he should be directed to pay salary from the State Exchequer. 3. There is no provision for automatic promotion. The appointment of the petitioner has been made on ad-hoc basis till regularly selected candidate comes and joins, although regularly selected candidate has not come. In a bunch of writ petitions, as per direction of Hon'ble Supreme Court of India, all ad-hoc Teachers and the Teachers appointed under Section 11 of the Intermediate Education Act were directed to appear in the selection proceeding specifically initiated for the appointment. There is no recital in the review application that in pursuance to the direction of the Hon'ble Supreme Court of India, the petitioner has appeared in the selection proceeding so initiated in pursuance to the order, therefore, the review is not maintainable and is hereby rejected. Order Date :- 8.7.2025 Gautam Digitally signed by :- GAUTAM TECKCHANDANI High Court of Judicature at Allahabad, Lucknow Bench