RASHMI PARIHAR Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Having heard learned counsel for the parties, it transpires that the petitioner Smt. Rashmi Parihar was working as a Music Teacher (Vocal) in Govt. Girls' Inter College, Khurpatal with effect from 22.8.2006. Her name was under consideration for promotion as a Lecturer. In the year 2006, three posts had fallen vacant, so along with two other candidates, namely, Deepti Pandey and Ekta Bisht, the name of petitioner was also recommended by the Additional Director, Education for promotion and such recommendation, as required under the Rules, was sent to the Public Service Commission (hereinafter to be referred as the 'Commission').

(2.) Unfortunately, by the time the Commission could return after putting its affirmative seal on such recommendation, the new Rules for promotion from L.T. Grade to the Lecturer, came into effect since 30.1.2008. As per those Rules, the requirement of holding B.Ed. degree for promotion on the post of Lecturer was indispensable. So, the Department declined to promote the petitioner.

(3.) There is yet another significant factor that the Rules, contemplating B.Ed. degree as an essential component for promotion to the post of Lecturer, were made otiose in the year 2010 and thereafter also, five years have further elapsed but the petitioner is waiting her promotion.