ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel for the respondents No.1 & 2. None appeared for the respondent No.4 despite the list of cases having been revised.

(2.) The challenge herein is to a decision of the District Inspector of Schools, Bijnore dated 28.12.2004, wherein the claim of the petitioner for being considered for promotion to the class-III posts under the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations made thereunder has been declined holding that the post in question is to be filled up by promotion of a schedule caste, class-IV employee by applying the roster as per the G.O. dated 10.10.1994 treating it to be reserved for the said category.

(3.) The petitioner as also the respondent No.4 were appointed on class-IV posts in the college of the respondent No.3. Under the provisions of Regulation 2(2) of Chapter-III made under the Act of 1921, a channel of promotion is provided for class-IV employees to the class-III posts on the basis of seniority subject to regulation of unfit. Undisputedly, in the institution in question, there are only three sanctioned posts of junior clerk and one post of senior clerk/ head clerk. One post of junior clerk fell vacant on 31.07.2004 on account of retirement of the incumbent on attaining the age of superannuation. The remaining two posts of junior clerk were occupied by Sri Ashok Kumar (O.B.C.-direct recruit) and Sri Rakesh Kumar (Genral-promotion). As per Rules, out of the aforesaid three posts of junior clerk, two were to be filled up by promotion under the 50% quota for promotion as one of the posts was already filled up by a direct recruit and another by promotion of Sri Rakesh Kumar, the aforesaid vacancy, which occurred on 31.07.2004, was required to be filled up by promotion.