MANNI LAL Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) Heard Sri Dharam Pal Singh for the petitioner and Sri P.N. Gangwar for the respondent No. 5 and Sri P.S. Baghel appearing for the University.

(2.) This writ petition is directed against selection and promotion of respondent No. 5 in class III post vide University Order dated 24.3.2004 (Annexure-7) to the writ petition. The only ground taken by the learned Counsel for the petitioner to assail the impugned order is that the respondent was not eligible for being considered for promotion to class - III post and, therefore, his selection and promotion is illegal and void - ab - initio. It is pointed out that the respondent No. 5 was appointed as class IV employee on compassionate basis w.e.f. 1.4.1999 and, therefore, has not completed 5 years continuous service. The advertisement for promotion was issued on 22.12.2003, wherein 7.1.2004 was last date for submission of application form, on which date the respondent No. 5 has less than five years continuous service and, therefore, was not eligible. Reliance is placed on the Government Order dated 22.1.1985 laying down eligibility and qualification for promotion of class IV employee to class III post, which provides that temporary and permanent employee (other than ad-hoc and daily wagers), who have rendered continuous 5 years service in class IV post shall be eligible for promotion within 15% promotion quota to class III post.

(3.) The learned Counsel for the petitioner submitted that the continuous service contemplated under the Government Order dated 22.1.1985 means regular service and since the respondent No. 5 lacks the aforesaid qualification, therefore, his selection and appointment to class III post is illegal.