SHESH NATH RAM Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner Shesh Nath Ram had earlier approached this Court by filing Civil Misc. Writ Petition No. 11556 of 1999 in which he had challenged the order dated 4-3-99 passed by the Joint Director of Education, Varanasi Region, Varanasi.

(2.) In the aforesaid Writ Petition Abdul Basher Abbasi was array as respondent No. 5. After hearing the Counsel for the petitioner and the respondent No. 5, this Court by the judgment and order dated 23-3-1999 disposed of the Writ Petition with the direction to the Joint Director of Education, Varanasi Region, Varanasi to dispose of the proceeding in accordance with law within a period of four weeks from the date of production of a certified copy of this order, taking into consideration all objections to be raised by the parties granting them opportunity in accordance with law. This Court while disposing of the aforesaid Writ Petition had observed that petition is entitled to take all objections taken in the present Writ Petition including want of jurisdiction on the ground of want of power of review before the said authority.

(3.) Pursuant to the aforesaid directions the petitioner had filed his objections on 31-3-99 before the Joint Director of Education, Varanasi Region, Varanasi, a copy of which has been filed as Annexure-16 to the Writ Petition. In the said objections the petitioner has specifically raised the jurisdiction of the authority on the ground that he has no power to review his earlier order. The petitioner also raised an objection that Abdul Basher Abbasi had already declined to teach Education in place of Lalji Tiwari by the letter dated 22-7-81 and also gave up his right to claim promotion on the post held by Lalji Tiwari after his retirement on 1-7-98 and, therefore, he is estopped from claiming promotion on the post of Lecturer in Education. The Joint Director of Education by the order dated 15-12-99 filed as Annexure-18 to the Writ Petition had not considered any of the aforementioned objections raised by the petitioner.