SHUSHMA SHUKLA Vs. JOINT DIRECTOR OF EDUCATION KANPUR

JUDGEMENT

(1.) WE are in respectful agreement with the reasoning given and the order passed by Hon'ble Devi Prasad Singh, on 6-3-2006.

(2.) THE controversy is between the appellant and the private respondent regarding promotion to a post which fell vacant on 2-4-2000. THE post was that of a lecturer in Sanskrit. THE private respondent had been appointed in 1982 and was working in C. T. grade until 1998 when by a deeming fiction in a statute which we mention below, she became an L. T. grade Teacher with effect from 10 years of completion of her service i. e. with effect from 1992.

(3.) MR. Padia appearing for the appellant sought to rely upon a Full Bench decision of our High Court in the case of Smt. S. K. Chaudhari v. Manager, Committee of Management, reported at (1991) UPLBEC 250 and placed portions of the judgement to show that a statute is ordinarily to be construed as prospective in operation unless express words or necessary implication indicates otherwise.