RAKESH CHANDRA SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for issuance of a writ of certiorari to quash the order dated 25th September, 2009 up to the extent it relates to the promotion of respondent no. 6 and approval dated 8th October, 2009 granted by the D.I.O.S. in favour of respondent no. 6.

(2.) BRIEFLY stated the facts are that Munna Lal Inter College, Wajirganj, Badayun is a recognized and aided institution. It is governed by the provisions of Intermediate Education Act, 1921 and the U.P. High School Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. The petitioner is a class -IV employee. A post in class -III fell vacant in the institution which falls within promotion quota 50%. It is stated that the strength of class -III employees is one post of head clerk and three posts of assistant clerk. In terms of the chapter -III, Regulation 2 (2) 50% of the class -III employees was to be filled through direct recruitment and remaining 50% through promotion amongst class -IV employees. The two posts of the assistant clerk substantially fell vacant due to retirement of one Mansoob Ali and Shivraj Bali Rathaur on 31st July, 2009. Thus, in view of said regulations, one post is to be filled through direct recruitment and other through promotion. In the seniority list of class -IV employee, the petitioner is senior to respondent no. 6 inasmuch as the petitioner was appointed in the year 1983 while respondent no. 6 was appointed in the year 2002. The petitioner claims that the respondent no. 6 is 19 years junior to him. A copy of the seniority list is on the record as Annexure -9.

(3.) THE grievance of the petitioner is that in spite of the fact that the petitioner is senior most class -IV employee, the management and the principal made a proposal dated 25th September, 2009 for the promotion of the respondent no. 6 against one post of the clerk and other reservation quota on the ground that the respondent no. 6 is a reserved category candidate and the said post under the roaster is for the reserved category candidate.