RAM PARAS YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner has been granted promotion as Lecturer in Civics in an Intermediate College governed by the Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 and the Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 framed thereunder. The Rule of Promotion is Rule 14 of the 1998 Rules which is quoted below:

(2.) The selection has to be therefore made under Section 12 by a Statutory Committee and not by the Management. Section 12 of 1982 Act is quoted below:

(3.) Learned Counsel for the Petitioner contends that the proposal of the Committee was sent on 26th May, 2003 and after waiting for five years the claim of the Petitioner has been approved by the Competent Authority which has caused not only pecuniary but other losses including seniority in the grade of Lecturer. Learned Counsel therefore submits that reasonably construing the period prodded under the aforesaid rules the authority ought to have granted approval with retrospective effect.