SATENDRA KUMAR SHUKLA Vs. DIRECTOR OF EDUCATION MADHYAMIK

JUDGEMENT

(1.) Heard Counsel for the petitioner.

(2.) By this writ petition, the petitioner has prayed for a mandamus directing the respondents to deem the petitioner being promoted as Lecturer in Sanskrit in the Institution with effect from 1.7.1996 in accordance with the provision of Regulation 6(6) of Chapter II of the U.P Intermediate Education Act, 1921.

(3.) Brief facts necessary for deciding the writ petition are; Sri Gandhi Adarsh Inter College, Labedi, Etawah is a recognised institution under the provision of U.P Intermediate Education Act, 1921. The Institution is also governed by U.P Secondary Education Service and Selection Board Act, 1982 and U.P High School and Intermediate Colleges (Payment of Salaries of teachers and other employees) Act, 1971. The petitioner was initially appointed as C.T grade Teacher on 20.1.1981. The petitioner was given L.T. grade with effect from 20.1.1991 and after completion of five years service in L.T he became eligible for promotion on the post of Lecturer. A post of Lecturer Sanskrit fell vacant by retirement of one Ram Gopal Dwivedi on 30.6.1996. The vacancy being under 50% promotion quota, the name of the petitioner as well as one Suresh Chandra Tewari was recommended Petitioner came to this Court challenging the recommendation of Shri Suresh Chandra Tewari who according to the petitioner was a convicted person under Sections 302/34 I.P.C. A writ petition no. 12133 of 1997 was filed by the petitioner challenging the recommendations by the management of the name of Suresh Chandra Tewari. This Court granted an interim order dated 11.4.1987 directing that Suresh Chandra Tewari be not considered eligible for promotion. The recommendation sent by District Inspector of Schools recommending the petitioner for promotion remain pending and ultimately with the approval of Joint Director of Education dated 26.8.2004 petitioner's promotion has been approved on the post of Lecturer Sanskrit on the post which fell vacant due to retirement of Ram Gopal Dwivedi on 30.6.1996.