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1986 (11) TMI 376

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....g him to the post of a primary teacher. The appellant challenged the impugned order on the ground that he was a 'direct recruit' to the post of Assistant Deputy Educational Inspector (A.D.E.I.) and that under the circumstances, there was no question of reverting him to the lower post of a 'primary teacher'. The trial court upheld the contention of the appellant and passed a decree ....

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.... he was not a departmental promotee who had been promoted from the post of primary teacher to the post of A.D.E.I. This is abundantly clear from the following passage extracted from the judgment of the High Court: Before us the learned Government Pleader conceded that the appointment of the plaintiff as A.D.E.I. appears to be a direct appointment and not a matter of departmental promotion. He may....

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.... reached by the trial court. The High Court was however carried away by an irrelevant argument which had no bearing on the issue before the Court. What was argued before the High Court was that in any case his appointment was a temporary one and it could have been terminated as per the conditions of service applicable to him. Assuming that his appointment was a temporary one and it could have been....