In Brief
The appellant was appointed as a clerk at a grant-in-aid school through direct recruitment in 1989. A senior employee challenged the appointment, arguing the post should have been filled by promotion under the U.P. Intermediate Education Act regulations. The High Court's Division Bench agreed and invalidated the appointment. However, the Supreme Court allowed the appeal as a matter of practical justice: the challenger had retired, no other employee claimed promotion rights, and the appellant had worked continuously for 26 years. The Court permitted him to continue until retirement, directing that the post be filled by promotion thereafter."
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