SURESH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Abhinav Shukla holding brief of Sri Amit Saxena for the appellant and standing counsel appearing for the respondents.

(2.) Under challenge is the Judgment and order dated 25.8.2003, passed in Civil Misc. Writ Petition No. 35867 of 2003, Suresh Tiwari v. State of U.P. and Ors. The learned single Judge relying on the decision of this Court in the case of Palak Dhari Yadav v. Regional Inspectress of Girls Schools and Ors., 1999 3 UPLBEC 2315, has dismissed the writ petition holding that the single post of clerk cannot be filled up by way of promotion.

(3.) The factual matrix as borne out from the record appears that the appellant-petitioner was working on a Class IV post at Siddheshwar Uchchtar Madhyamik Vidyalaya, Gopalpur, Fatehpur. There was one sanctioned post of clerk in the said Vidyalaya which fell vacant on 31.10.2000. The committee of management passed a resolution permitting the appellant-petitioner to work on the post of clerk under 50 percent promotional quota. The proposal was approved by the D.I.O.S., Fatehpur and thereafter the appellant-petitioner had Joined on the post of clerk on 3.1.2002.