LAWS(ALL)-2006-9-10

ARJUN PANDEY Vs. STATE OF UTTAR PRADESH

Decided On September 07, 2006
ARJUN PANDEY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The bone of contention between the petitioner and the respondent No. 5 is the post of lecturer in Hindi in the institution. The Regional Committee has held that the petitioner was not entitled to promotion to the lecturer's grade.

(3.) Sardar Patel Municipal Inter College, Meerut is a duly recognized and aided Intermediate College. The petitioner was appointed as a Lt. Grade teacher on 10.1.1991 on ad hoc basis, while the respondent No. 5 was appointed on the same basis on 1.7.1991. The services of both were regularized under Section 33-C of the U.P. Secondary Education Services Selection Board Act, w.e.f. 20.4.1998. Sri Jai Bhagwan Sharma, who was working as lecturer in Hindi was appointed as a Principal in J.N.S. Intermediate College on 15.7.1999 creating a vacancy on the said post. Thereafter, Sri Jai Bhagwan Sharma sought transfer from J.N.S. Intermediate College to Mahakavi Soor Sanskrit Inter College, which was allowed vide order dated 22.3.2002 and where he is functioning as such from 6.4.2002. The petitioner claiming to be teaching classes XI and XII from July, 2003 and having requisite qualification for the post of Lecturer in Hindi laid his claim and when no action was taken he preferred Writ Petition No. 36442 of 2005. The respondent No. 5 also laid his claim to the said post and preferred Writ Petition No. 54729 of 2005. The two writ petitions were disposed of vide orders dated 4.5.2005 and 10.8.2005 respectively with a direction to consider the case of both the claimants.