SUBHASH CHANDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, petitioner has prayed for the following reliefs:-

(2.) The shorn of facts of the case are that Dayanand Intermediate College, District Jyotiba Phule Nagar (hereinafter referred to as an Institution) is a recognised Institution under the provisions of the U. P. Intermediate Education Act 1921 and regulations framed there under. The salary of teacher and other employees of the college is being paid under the provisions of High School and Intermediate Education (Payment of teacher and other employees) Act 1971. The petitioner was appointed as Clerk in the Institution by the Committee of Management on 31.12.1972 and he started functioning in the Institution as Clerk but DIOS granted approval to the petitioner on the post of Daftari. It is alleged that there was only one post of Clerk in the Institution which was required to be filled up by way of promotion. The permanent Clerk namely Hans Raj Retired from service on 30.7.2002 after attaining the age of superannuation as a result of which substantive vacancy arose in the Institution to be filled up. The petitioner being senior most and eligible person filed an application for his promotion on the said post. But to the utter surprise, DIOS appointed one Sri Deepak Kumar as Assistant Clerk in the Institution vide order dated 18.7.2002 by way of direct recruitment despite there being a clear cut provision of filling up of the said post by way of promotion. Aggrieved by the said order, petitioner preferred a writ petition being CMWP No. 34768 of 2002 in this Court and this Court relying on the judgement of this Court in J. B. Singh Vs DIOS, 2006 9 ADJ 292, allowed the writ petition and quashed the appointment made by the DIOS and directed the respondents to promote the petitioner on the said post with immediate effect vide order dated 20.9.2006.

(3.) It is contended by learned counsel for the petitioner that despite the judgement of this Court dated 20.9.2006 petitioner was not promoted by the authorities and hence he filed a contempt petition being Contempt Petition No. 5369 of 2006 wherein notice was issued to the DIOS. Resultantly the Manager of the Committee passed an order promoting the petitioner on 11.1.2002 and in pursuance of the said order petitioner joined in the Institution on the post of Clerk on 15.1.1007 and worked as Assistant Clerk in the Institution till his retirement i. e. 31.1.2007. Petitioner is alleged to have filed an application to the DIOS claiming his promotion w. e. f. 18.7.2002 which has been denied to him by the respondents. Hence this writ petition.