MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In the present case petitioner claims that his claim for promotion on the post of Lecturer in Civics has not at all been considered under 50% promotional quoted. Brief background of the case as mentioned in the writ petition is that petitioner had been selected as Assistant Teacher in L.T. Grade by U.P. Secondary Education Services Selection Board on 30.7.2004 and in pursuance to the panel issued by the Board appointment letter has been issued to the petitioner and thereafter he submitted his joining in institution in question. Petitioner claims that his appointment has been duly approved by District Inspector of Schools vide order dated 20.12.2004. Petitioner submits that post of Lecturer in Civics fell vacant on 1.7.2012 on account of retirement of one Raj Kumar Singh Tyagi on 30.6.2012. Petitioner submits that said post in question falls within 50% promotional quota. Petitioner submits that he is senior most Assistant Teacher in L.T. Grade and has completed five years regular service, and petitioner claims that his claim for promotion has not at all been considered inspite of fact that he is fully eligible and qualified as he has to his credit M.A. in Political Science.

(2.) Sri B.P. Yadav, Advocate contended with vehemence that in the present case petitioner by virtue of being senior most Assistant Teacher in L.T. Grade and fully eligible and qualified, his claim for grant of promotion on the post of Lecturer in Civics in all eventuality ought to has to be considered, as such writ petition deserves to be allowed.

(3.) Countering the said submission, learned Standing counsel, as well as Sri Bheem Singh, Advocate on the other hand contended that petitioner lacks minimum eligibility criteria for being accorded promotion in view of Rule 14 of the 1998 Rules, as such writ petition is liable to be dismissed.