LAWS(DLH)-2009-5-370

DATADEEN Vs. LT. GOVERNOR OF DELHI AND ORS.

Decided On May 04, 2009
Datadeen Appellant
V/S
Lt. Governor of Delhi And Ors. Respondents

JUDGEMENT

(1.) THE present review petitions have been filed for review of orders dated 18.12.2008, 12.01.2009 and 24.02.2009. The appeal was disposed of on 12.01.2009.

(2.) BRIEFLY stated the facts of the present case are that the appellant had filed a writ petition seeking a direction to the respondents to promote him to the post of Laboratory Assistant with retrospective effect and to pay him arrears of pay with interest. The appellant had joined respondent No. 3 school as a Peon on 1st May, 1977. He was confirmed to the post of Peon with retrospective effect from 1.5.1979. The appellant, at the time he joined as a Peon with respondent No. 3, was a matriculate. He claimed that he was entitled to be promoted to the post of Laboratory Assistant with effect from 1.5.1980, in view of the Circular issued by Respondent No. 2 (Directorate of Education) dated 17.12.1979 followed by subsequent Circular dated 24.5.2007. The writ petition was dismissed by the learned Single Judge on the ground of delay as also on the ground that the appellant could not claim promotion to the post of Laboratory Assistant as a matter of right and at best he could ask for his consideration for promotion to the said post.

(3.) IN the light of the clarification given by the Directorate of Education, the Counsel for respondent No. 3 stated that the school management was prepared to consider the appellant against the vacant post of a Lab Assistant and pass an appropriate order within a period of two weeks.