STATE OF U P Vs. CHHABI NATH YADAV

JUDGEMENT

(1.) HEARD learned Standing Counsel, and Sri J.C. Srivastava learned counsel for the claimant respondents and also perused record.

(2.) PRESENT writ petition under Article 226 of the Constitution of India, has been preferred against the impugned order passed by the U.P. State Public Services Tribunal, dated 31.1.1997 by which the Tribunal has set aside the order by which the claimant respondents' promotional avenue was cancelled. Brief facts giving rise to the dispute, are discussed hereinafter.

(3.) FEELING aggrieved with the cancellation of promotional order, the claimant respondents approached the Tribunal with the plea that the Principal of the College is competent to promote the incumbent against Class-IV post in view of Regulations framed under Section 16 ka, kha and ga, of the Act. It is pleaded by the learned Standing Counsel that Class-IV employee cannot be promoted in the Cadre of Teacher. It is also pleaded that the seniority list of LT Grade Teachers was also prepared under the Act.