KASHI PRASAD SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri H. G. S. Parihar, learned counsel for the appellant and learned standing counsel for the respondents.

(2.) This appeal is directed against the judgment and order dated 5th July. 1999 passed by the learned single Judge whereby the learned single Judge dismissed the writ petition holding that when the vacancy occurred the petitioner was not eligible for the appointment.

(3.) Short facts involved in this appeal inter alia are that the petitioner was working as assistant teacher in C.T. Grade and he worked for more than five years. According to him, the vacancy has not yet been filled up and as such he is eligible to be promoted to the post of lecturer in Mathematics. Since the promotion was not granted to him, he filed writ petition being Writ Petition No. 5492 of 1998 (SS). The writ petition was finally disposed of by the order dated 20.2.1999, which reads as under : "The learned counsel for the petitioner submits that the grievance of the petitioner is not being considered for promotion despite he being eligible for promotion and there is a clear vacancy, on which he can be promoted. The learned counsel for the petitioner prays that the respondents be directed to consider the candidature of the petitioner for promotion. The prayer of the petitioner is innocuous and it is needless to keep the petition pending, hence the respondent Nos. 2 to 4 are directed to consider the candidature of the petitioner for promotion, if he is eligible and there exists a vacancy under the existing Rules of 1998. The case of the petitioner shall be considered within the month from the date of production of a certified copy of this order. Writ petition is disposed of finally."