SURESH MANI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri T.N. Tiwari, learned Counsel for the peti tioner, Sri V.K. Singh, learned Counsel appears on behalf of respondent No. 7 and learned Standing Counsel appears on behalf of respondent Nos. 1 to 5.

(2.) BY means of the present writ petition, petitioner is challenging the or der dated 15.3.2003 passed by Additional Director of Education (Secondary) Allahabad, Annexure-3 to the writ petition transferring the respondent No. 7 from Chandra Shekhar Azad Inter College, Deogaon, district Deoria to Sewa Samiti Banwarilal Inter College, Deoria.

(3.) SRI V.K. Singh, learned Counsel appearing on behalf of respondent No. 7 submitted that the petitioner has attained the age of superannuation on 1.1.2009 and, therefore, the petitioner cannot be appointed as officiating prin cipal. He submitted that the petitioner cannot claim any relief after attaining the age of superannuation to be appointed as officiating principal during the period when he was allowed to continue for the remaining period of session. In support of his contention he relied upon the Division Bench decision of this Court in the case of Hari Om Tatsat Brahma Shukla v. State of U.P. and others. He submitted that in case, if the transfer order dated 15.3.2003 is being set aside, the petitioner is not going to get any relief and, therefore, the petition is liable to be dismissed on this ground alone. He submitted that the respondent No. 7 was selected by the Board as Principal. The said selection has been upheld by the Apex Court finally. He further submitted that it is wrong to say that the respondent No. 7 has been transferred without following the proper procedure.