LAWS(ALL)-2010-10-75

ARVIND KUMAR SHARMA Vs. STATE OF U P

Decided On October 25, 2010
ARVIND KUMAR SHARMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS appeal questions the correctness of the judgment of the learned single Judge in a Writ Petition filed by the appellant rejecting his claim for promotion as a Lecturer in English in Kundan Model Inter College, Amroha, District J.P. Nagar, and upholding the order of the District Inspector of Schools dated 18.8.2010 whereby the transfer on the said post in favour of Respondent No. 5 has been approved.

(2.) THE facts in detail are already set out in the judgment of the learned single Judge but for the purpose of this appeal, we may reiterate that the appellant, who is a LT grade teacher in the institution, claims that the post of Lecturer in English is required to be filled in within 50% promotion quota as per the relevant Rules applicable and accordingly the applicant being fully qualified and eligible for the same ought to have been promoted on the post in question.

(3.) IT is this finding by the learned single Judge, which has been assailed before us and Sri L.K. Dwivedi, learned counsel for the appellant, contends that the learned single Judge has committed an error by not adding the said service inasmuch as there is no such prohibition under the Rules to count such services for the purposes of experience.