LAWS(UTN)-2006-6-40

MAHESH CHANDRA JOSHI S/O SRI TRILOCHAN JOSHI Vs. STATE OF U.P. THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION AND DIRECTOR, HIGHER EDUCATION

Decided On June 21, 2006
Mahesh Chandra Joshi S/O Sri Trilochan Joshi Appellant
V/S
State Of U.P. Through Principal Secretary, Department Of Education And Director, Higher Education Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties at length.

(2.) By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 25.9.99 passed by the respondent No. 2. Further prayer has been made for a writ of mandamus commanding the respondents to promote the petitioner to the post of Librarian w.e.f. 3.8.1995.

(3.) Briefly stated the petitioner was appointed on 21.3.1983 as Assistant Librarian in M.B. Govt. P.G. College, Haldwani and thereafter he is continuously serving. He also passed M.A. in 1983 and subsequently passed Bachelor Degree in Library Science. According to the petitioner in the year 1995 several posts of Librarian in various Government Post Graduate Colleges had fallen vacant which were to be filled by promotion from the cadre of Assistant Librarians. As such the respondent No. 2 vide his Office letter dated 31.5.1995 directed the principals of various Government Post Graduate Colleges to send upto date confidential reports of the Assistant Librarian, so that they may be considered for promotion. The name of the petitioner was finally cleared by the Selection Committee for promotion. Subsequently the petitioner has been denied to be considered for promotion to the post of librarian.