RAM PRAKASH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The dispute in the present writ petition pertaining to the claim of promotion of the petitioner which has not been considered by the Respondent - Joint Director of Education and the Respondent No. 5 -Ram Chandra Gupta has been extended the benefit of promotion even though he is junior to the petitioner as alleged in the writ petition. The grounds of challenge are that the impugned order has been passed without deciding the claim of seniority of the petitioner over and above the Respondent No. 5 without considering the claim of promotion of the petitioner and passing the impugned order of promotion in favour of the respondent No. 5 in violation of the principles of natural justice. This challenge has been resisted by the Respondent No. 5 on the ground that the challenge to the question of seniority is highly belated' and cannot be permitted to be raised in collateral proceeding pertaining to claims of promotion. It has further been urged on behalf of the respondent No. 5 that this cannot be permitted more so without there being any challenge to the order of regularization in favour of the responded No. 5.

(2.) Sri R.K. Ojha has been heard for the petitioner and Sri Ashok Khare learned Senior Advocate, for the respondent No. 5 and learned Standing for the respondent nos. 1 to 3. The respondent No. 5 has filed a counter-affidavit to which a rejoinder-affidavit has been filed by the petitioner and written submissions have also been placed before the Court on their behalf.

(3.) The undisputed facts are that the petitioner was appointed on ad basis against a leave vacancy which arose on account of the motion of Sri Shiv Shanker Tiwari, a L.T. grade Teacher, who came to be selected and appointed as Principal in another institution. The said vacancy was converted into a substantive vacancy when Sri Tiwari finally resigned from his post as L.T. grade teacher on 30.6.1987, the appointment of the petitioner against the said vacancy was made on 1.11.1985 after prior approval from the District Inspector of Schools which was granted on 30.10.1985. Thus, the date of appointment of the petitioner is 1.11.1985.