AJAY KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 10/11/2023 passed by the Joint Director of Education, Varanasi Region, Varanasi and the order dtd. 13/12/2023 passed by the District Inspector of Schools, Ghazipur, both in effect communicating the resolution of the Regional Promotion Committee, Varanasi Region, Varanasi, rejecting the Management's proposal for the petitioner's promotion to the post of a Lecturer in Economics with the Navli Inter College, Navli, District Ghazipur.

(2.) The Navli Inter College, Navli, District Ghazipur (for short, 'the Institution') is a recognized and aided intermediate college. There is no issue about the sanctioned strength of teachers of various categories approved for the Institution. The petitioner was appointed as an Assistant Teacher (Art) on 9/11/2012 against a supernumerary post on compassionate grounds. He joined the Institution on 7/12/2012. The petitioner's case is that he has been continuously discharging his duties with the Institution as an Assistant Teacher (Art) to the satisfaction of the Institution. A post of Lecturer in Economics fell vacant due to the retirement of one Janardan Singh. Anil Kumar Vishwakarma was an Assistant Teacher (Art), who was promoted to the post of Lecturer in Economics that fell vacant on account of Janardan Singh's retirement. This happened on 5/6/2020 with the District Inspector of Schools, Ghazipur (for short, 'the DIOS') granting his approval to Vishwakarma's promotion. Upon Vishwakarma's promotion, the post of Assistant Teacher (Art) fell vacant. The petitioner, who was functioning in the same position [Assistant Teacher (Art)] against a supernumerary post, was adjusted against the post vacated by Vishwakarma vide memo dtd. 16/6/2020 issued by the DIOS and addressed to the Manager/ Principal of the Institution with a copy marked to the petitioner. Vishwakarma was confirmed in his position as Lecturer (Economics) with the Institution by the Education Authorities, but transferred from the Institution to the Shiv Kumar Shastri Inter College, Jangipur on the same post. In consequence, the post of Lecturer (Economics) fell vacant.

(3.) The petitioner made an application to the Manager of the Institution on 10/7/2023, staking his claim for promotion to the post of a Lecturer in Economics as he had by that time rendered about ten and a half years' service as an Assistant Teacher (Art) and possessed the requisite educational qualifications for promotion to the post of a Lecturer (Economics). The petitioner holds a Masters' Degree in Economics and says that he is the senior most teacher. He, therefore, claimed his entitlement to be promoted to the post of a Lecturer, which under the 50% quota, fell to the share of posts earmarked for promotion. The petitioner's request was considered by the Committee of Management, who passed a proposal on 16/7/2023, directing that the petitioner's case be laid before the DIOS for his financial approval. It was resolved that after receipt of the DIOS's approval, a letter of appointment be issued in the petitioner's favour, appointing him the Lecturer (Economics) at the Institution. The Manager of the Institution communicated the aforesaid decision to the DIOS vide his memo dtd. 1/8/2023.