BABU LAL RAIKWAR Vs. STATE OF U.P.THROUGH SECRETARY SECONDARY EDUCATION, GOVT.OF U.P.LUCKNOW AND OTHERS

JUDGEMENT

(1.) Petitioner before this Court was working as Class-IV employee in Jawahar Prasad Sharma Inter College, Baberu, district-Banda. A vacancy on the post of Clerk has been caused in the institution due to promotion of Sri Sheo Kumar Shivhare as Head Clerk on 7.3.1999.

(2.) According to the Petitioner the said vacancy was within 50% quota for promotion and he, being the senior most qualified Class-IV employee, was entitled for such promotion. The Committee of Management, however, resorted to direct recruitment and appointed one Narendra Kumar Gupta on the post with the approval of the District Inspector of Schools on 29.11.1999. This led to the filing of Writ Petition No. 50328 of 2000 by the present Petitioner before this Court. The Petitioner prayed for quashing of the appointment as well as for a mandamus to implement the resolution for promotion of the Petitioner on the post of Assistant Clerk. After exchange of affidavits the writ petition has been finally allowed under judgment and order of this Court dated 1.12.2009. The appointment of Respondent No. 5 by direct recruitment has been quashed. However, the writ court did not grant the second prayer made by the Petitioner and directed that the Committee of Management may pass a fresh resolution as per Regulation 2 of Chapter-III of the Regulations framed under the Intermediate Education Act within a period of six weeks from the date of receipt of the copy of the judgment of this Court and to transmit the papers to the District Inspector of Schools for approval in accordance with law.

(3.) The order was challenged before a Division Bench of this Court by Sri Narendra Kumar Gupta by way of Special Appeal No. 242 of 2010. The appeal has been dismissed and the order of the Hon'ble single Judge has been affirmed.