NETRA PAL SINGH Vs. CHANDRA PL

JUDGEMENT

(1.) The present Special Appeal has been filed against the Judgment dated 30.6.2009 passed by the learned Single Judge whereby Civil Misc. Writ Petition No. 33002 of 2008, filed by the Petitioner-Respondent No. 1 (Chandra Pal), was allowed by the learned Single Judge. From a perusal of the record, it appears that there is an institution known as Janta Inter College, Behat, District Saharanpur (hereinafter referred to as the "Institution in question"). The said institution is duly recognized and is on grant-in-aid list of the State Government.

(2.) There were three sanctioned posts in clerical cadre in the institution in question out of which one post was the post of Head Clerk while other two posts were the posts of Assistant Clerk. The post of Head Clerk was liable to be filled up by promotion alone. Out of the remaining two posts of Assistant Clerk, one post of Assistant Clerk had already been filled up by direct recruitment, while the remaining post of Assistant Clerk, which was vacant post, fell within 50 per cent quota of promotion from Class-IV employee working in the institution in question.

(3.) In its meeting held on 28.12.2007, the Committee of Management of the institution in question passed a Resolution that the Petitioner-Respondent No. 1 (Chandra Pal) was suitable for promotion on the aforesaid vacant post of Assistant Clerk as he was eligible, keeping in view his seniority and qualification. It was further, observed in the Resolution that the Respondent No. 5-Appellant (Netra Pal Singh) being junior was not eligible for promotion. Accordingly the Committee of Management resolved to recommend for approval of the District Inspector of Schools, Saharanpur the name of the Petitioner-Respondent No. 1 (Chandra Pal) for promotion to the aforesaid post of Assistant Clerk. The matter remained pending before the District Inspector of Schools, Saharanpur. In the circumstances, the Petitioner-Respondent No. 1 herein filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 8883 of 2008 which was disposed of, by this Court, by the order dated 15.2.2008 directing the District Inspector of Schools, Saharanpur to decide the claim of the Petitioner-Respondent No. 1 herein (Chandra Pal).