VIJAY KUMAR Vs. DISTRICT INSPECTOR OF SCHOOLS, SULTANPUR

JUDGEMENT

(1.) THE instant Special Appeal has been preferred by the appellant against the judgment and order dated 13.5.2005 passed by learned Single Judge in Writ Petition No.1579 (S/S) of 1995.

(2.) BRIEF facts of the case, as narrated in the appeal, are that one post of Assistant Clerk fell vacant in July, 1989 in Shri Chandra Rashtriya Inter College, Gosaiganj, District Sultanpur. The previous occupant Sri Triloki Nath Dubey was allowed on long leave without pay, but subsequently he abandoned his job and his services were formally terminated by the Management of the College on 20.11.1994. Since the vacancy occurred stop -gap arrangement was made. There were only two posts of Clerks in the institution, out of which one post was already occupied, whereas one post fell vacant in July, 1989 due to abandonment of Triloki Nath Dubey, whose services were terminated subsequently in the year 1994.

(3.) ONE Ram Nayan, a Class IV employee of the institution, staked his claim by preferring Writ Petition No.11839 of 1990 for appointment as Clerk against the promotional quota. According to the provisions of Chapter III Rule 2 of the U.P. Intermediate Education Act, 15% of the posts are to be filled by promotion from amongst class IV employees working in the institution. The present appellant has subsequently preferred Writ Petition No.1579 of 1995 (S/S) staking his claim that he has been appointed in the leave vacancy on 28.6.1989, whereas Ram Nayan staked his claim on the basis of statutory provisions mentioned in the Education Act being senior -most Class IV employee of the institution on the ground that he is duly qualified, fit and suitable. The appellant was, however, appointed in leave vacancy ignoring the rightful claim of Ram Nayan, senior -most Class IV employee, against the vacancy which was to be filled by promotion. Sri Ram Nayan ought to have been promoted on the date when the vacancy was created i.e. 20.11.1994. No process for direct recruitment was initiated and the appointment of the appellant was purely on ad hoc basis.