[Special Leave Petition No. 4495 of 2013]. By means of this Special Leave Petition the endeavour of the petitioner, State of Uttarakhand, is to dislodge and reverse the findings of the learned Single Judge of the High Court of Uttarakhand at Nainital in Writ Petition No.1478 of 2003, which Order has been affirmed by the Division Bench of the High Court in Special Appeal No.146 of 2008. After going into the factual matrix of the case, the learned Single Judge had directed by Order dated 10.3.2008 that the case of the Respondent before us, (namely, Kanhaya Lal, the petitioner in Writ Petition No.1478 of 2003) be considered within three months for appointment to the post of Assistant Teacher (Language) L.T. Grade, if there is no other impediment in his selection (emphasis added). Dissatisfied with this direction, the Special Appeal came to be filed in which the Hon'ble Division Bench had opined that there was no error in the impugned Order of the learned Single Judge, and, accordingly, the Special Appeal deserved to be dismissed. There are, accordingly, concurrent findings of facts and law before us. On the first date of hearing before this Court, the submission of the learned counsel appearing for the State of Uttarakhand to the effect that "he is not challenging the appointment as such but his only grievance is that respondent cannot claim appointment from 1997", had been recorded.
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