RAKESH BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner claims that he was appointed on the post of Peon at Pandit Hanumat Dutta Tripathi Uchchatar Madhyamik Vidyalaya Keshav Nagar, Ismailganj, Allahabad. It has been contended that his appointment was approved on 28.11.2006 by District Inspector of Schools, Allahabad. Petitioner has contended that he is having educational qualification upto Intermediate. Petitioner has detailed out the fact that there is only one post of Junior Clerk in the said institution where classes are running up to High School. Said sole post of Clerk of the institution fell vacant on account of attaining the superannuation by one Onkar Nath Shukla on 31.12.2006. Petitioner has contended that in the institution in question he was the only employee in the institution entitled to be promoted as such his claim for promotion is liable to be considered as said post falls within promotion quota. Petitioner has contended that he has been requesting for according promotion to the petitioner. Petitioner has contended that in stead of considering the claim of the petitioner for being accorded promotion the District Inspector of Schools has passed order dated 28.11.2006 directing adjustment of Laxmi Narain Pathak as Clerk in the institution.

(2.) On presentation of present writ petition before this Court, this Court passed following order which is being quoted below:

(3.) Against the said order dated 13.02.2007 Special Appeal No. 227 (Defective) of 2007 has been filed and therein on 14.03.2007 following order has been passed which is being quoted below: