SHRIKRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is a Class IV employee of recognized institution namely Uchchattar Madhyamik Vidyalaya, Ramayan, Bharthana, Etawah he is seeking his promotion on the post of Class III post. Previously he preferred a Writ Petition No. 26261 of 2011 for a direction upon the authorities concerned to promote him on the post of the Clerk. The said writ petition was disposed of on 12.05.2011 with a direction upon the District Inspector of Schools to consider the cause of the petitioner and pass appropriate order.

(2.) THE District Inspector of Schools, in compliance of the said order has rejected the claim of the petitioner for promotion amongst other grounds that there is single post and on a single post no roaster rule would be applicable. In addition to above, it is also found that the Manager of the Institution during the hearing stated that the work and conduct of the petitioner is not satisfactory.

(3.) THE essential facts of the case are that the Uchchattar Madhyamik Vidyalaya, Ramayan, Bharthana, Etawah is a recognized institution. It receives State fund. There is only single post in the cadre of a Clerk. The petitioner is a Class IV employee. He was essentially appointed in the year 1985 in the institution and his work and conduct has been unblemished. On 31.07.2010, the post of the Clark in the institution fell vacant due to superannuation of Sri Ram Chandra Mishra who was working on the post of a Clark in the college.