HARISH CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) List revised. Heard learned counsel for the parties and perused the record. The present writ petition was initially filed for quashing of the order dated 23.2.2007 passed by the respondent No. 4, Regional Joint Director of Education, Basti Region, Basti (Annexure 16 to the writ petition) by which the representation of the petitioner for promotion on the post of lecturer (Sociology), was rejected. Subsequently, during pendency of the writ petition the respondent No. 8 was promoted by order dated 8.8.2008 on the post of lecturer hence writ petition was amended and the prayer was made for quashing of aforesaid order dated 8.8.2008, copy of which has been annexed as Annexure 16-A to the writ petition.

(2.) The brief facts of the present case are that the petitioner was appointed as Assistant Teacher on 16.7.1973 and joined service on 17.7.1973 in Vijay Pratap Inter College Mahso, district Basti (hereinafter referred as 'institution'). Thereafter, he was promoted to L.T. Grade on 10.5.1984 and selection grade was given on 10.5.1994, which was approved by the D.I.O.S., Basti by letter/order dated 4.8.1995 (annexure 2 to the writ petition). After completing 12 years of service proposal was sent by the committee of management on 25.5.2006 to the D.I.O.S., Basti for awarding and approving the promotional grade to the petitioner w.e.f. 10.5.2006. The institution is recognised intermediate college, which was recognised in the year 1983. As per information the institution is already in list of grant-in-aid. There are four post of lecturer in Sociology, Hindi, Geography and English. Four lecturers were working. Mr. Paramhansh was a backward candidate, who' was promoted on the post of lecturer in Hindi. Mr. Ram Daras Singh as a general candidate was promoted to the post of lecturer in Sociology. Mr. Lal Kesh Singh in a general category was direct appointee in Geography. However, for appointment as lecturer in English, of SC candidate, the requisition, was sent to the selection board. The requisition was sent and the post was advertised in December 1998. Since there was a delay in selection of English Lecturer, then Mr. Dhrub Chandra Pathak was appointed as ad hoc Lecturer. Subsequently, Mr. Drub Chandra Pathak, who was ad hoc lecturer in English, was appointed as Principal in a different institution, hence he left the institution on 25.2.2003. Mr. Ram Darash Singh, who was lecturer in sociology retired on 30.6.2006. The petitioner was M.A. in sociology subject. Hence being senior most teacher in the college he was claiming for promotion. The post of lecturer in sociology was for general candidate under promotional quota.

(3.) According to counsel for the petitioner he was promoted to teach the class of intermediate since 1.7.2006. However, no resolution was sent for promotion of the petitioner by the committee of management. The petitioner being senior most and qualified teacher was to be promoted hence being aggrieved the Civil Misc. Writ Petition No. 58603 of 2006 was filed, which was disposed off on 19.10.2006 with the direction for consideration of representation by the Regional Joint Director of Education, Basti Region, Basti. The Regional Joint Director of Education, Basti Region, Basti rejected the representation by order dated 23.2.2007 (annexure 16 to the writ petition) hence the present writ petition has been filed against the impugned order.