UMESH CHANDRA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner-appellant, aggrieved by an order dated 31.3.2009 passed by a learned Single Judge in WRIT Petition No.17539 of 2009, has preferred this special appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules. The controversy in this appeal is as to whether a Class-III post in Bhaskar Nand Inter College, Narwal, Kanpur Nagar is to be filled by direct recruitment, or by promotion. Earlier an advertisement was issued for filling up the said post by direct recruitment. The writ petitioner-appellant challenged the same in WRIT Petition No.29401 of 2008, which is still pending. Now by the present writ petition, which has given rise to the impugned order, he has challenged the appointment of respondent no.6. The learned Single Judge has declined to interfere in the matter, inter alia, observing as follows:- "Considering the entire facts and also considering the factum of pendency of the writ petition No.29401 of 2008, it is apparent that the present impugned order, so far as the claim of the petitioner is concerned, it is subject to decision in that writ petition where the petitioner can challenge the present order. In view of the aforesaid, this second petition on the same cause of action is not maintainable." Mr. Hari Bans Singh appears on behalf of the appellant. In view of the pendency of WRIT Petition No.29401 of 2008 before this Court, we are of the opinion that the learned Single Judge did not err in declining to interfere in the matter. However, any observation made by the learned Single Judge or by us in the present appeal, shall have no bearing in the pending writ petition. The appeal stands dismissed with the observations aforesaid.