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Judgment
M.C. Jain, J.—The original Petitioner Smt. Mohini Arya filed a petition claiming the promotion to the post of Lecturer.
Learned Single Judge by interim order dated 7.3.2001 directed to promote the Petitioners. Pursuant to the interim order, the original Petitioner was promoted to the post of Lecturer. In view of this Learned Counsel for the Petitioner made a statement that the writ petition has become infructuous.
The Respondent filed application to implead himself as party. Learned Single Judge disposed of the petition as infructuous. However, he have a direction that the Appellant is at liberty to make representation to the Director of Education in relation to her claim. It was directed that the Director shall decide the claim within a period of one month. While passing this order, learned Single Judge, however, observed that the Petitioner shall not be disturbed.
Mr. Manoj Tiwari, Learned Counsel for the Appellant contended that in view of this observation, a futile exercise. The impression of the Learned Counsel we clarify that the claim of the original Petitioner Lecturer by way of interim order. The interim order can not last beyond the life of petition i.e. 23.4.2001. In view of the observation in the order dated 23.4.2001 while disposing of the petition that she shall not be disturbed, it means that she shall not be disturbed till the Director takes decision on the representation of the Appellant. We further direct the Director of Education to take decision on the rival contention of the parties including the matter of reservation of post. He shall allocate the post, in accordance with the decision he takes to either of the parties or to any other who is the rightful claimant to the post.
With this, the appeal is disposed of.