Dharani Dutta vs State of Assam and Others

The promotion order has been issued of the appellant-petitioner by one District Elementary Education Officer from the post of Lower Division Assistant of the office of the Deputy Inspector of Schools, North Lakhimpur to the post of Upper Division Assistant temporarily with effect from the date of joining. This order was subject to the approval of the Director of Elementary Education. The promotion order was sent for approval to the Director of Elementary Education, Assam. He has cancelled this order by its order dated 9.2.2001 on two grounds. First, that the order issued by the District Elementary Education Officer is issued during the ban period and secondly, the order of promotion issued by the District Elementary Education Officer, Lakhimpur is without authority and is illegal void ab initio. Thus,

For the aforesaid reasons, the order of cancellation issued for non-grant of approval by the Director of Elementary Education is in accordance with law. No interference is called for. The appeal is dismissed.