RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) 1. Ram Kumar an Assistant Teacher of Shri Nagar Ji Vidyalaya Inter College, Krishna Nagar, Kanpur Nagar has approached this court questioning the validity of the promotion accorded to Sri. Rajesh Kumar Ahirwar as Lecturer in English.

(2.) Brief background of the case is that in the district of Kanpur Nagar there is recognized institution known as Shri Nagar Ji Vidyalaya Inter College, Krishna Nagar, Kanpur Nagar. In the institution concerned Sri. Rajesh Kumar Ahirwar has been appointed as L.T. Grade teacher on Ad-hoc basis on 1.3.1993. Petitioner has been appointed as Assistant Teacher in the institution as L.T. Grade on 4.11.1996 on substantive basis. Service of Sri. Rajesh Kumar Ahirwar has been regularized on 21.4.1999 w.e.f. 20.4.1998. In the institution concerned, there are six sanctioned posts of Lecturer, out of which, 3 posts had already been filled up by way of direct recruitment by appointment of Sri. B.G. Dwivedi, Sri S.N. Jaiswal and Sri. V.K. Dixit respectively. One Sri J.L. Srivastava had been performing and discharging his duty as Lecturer in English, retired on 30.6.2000. Only one post of Lecturer had been filled up by way of promotion by promoting Sri. G.N. Tiwari in Chemistry subject and as such post in question which had fallen vacant on account of attaining the age of superannuation was to be filled up by way of promotion. Undisputed factual position, which has emerged is that on the first day of the year of recruitment i.e. 1.7.2000, neither petitioner nor Sri. Rajesh Kumar Ahirwar had to their credit Masters degree in English which was essential qualification for being promoted as Lecturer in English. Sri. Akhilesh Kumar had acquired his Master degree on 21.7.2001 and petitioner had acquired his Master degree in academic session 2002. Post in question was meant for Scheduled Caste category candidate. It appears that both petitioner as well as Rajesh Kumar Ahirwar staked their claim for being promoted. Rajesh Kumar Ahirwar had preferred Civil Misc. Writ Petition No. 2844 of 2002 claiming promotion and he appraised the D.I.O.S. that in case he would be accorded promotion, he would withdraw his writ petition and further reference was given to Government Order dated 17.4.2003 and matter was referred. Thereafter, promotion has been accorded to Sri. Rajesh Kumar Ahirwar, at this juncture present writ petition has been filed.

(3.) On the presentation of writ petition, Sri R.K. Ojha, Advocate has entered appearance on behalf of the respondents No. 6 along with Sri A.K. Singh Advocate, and he submitted on the basis of the undisputed fact that present writ petition be finally decided, as such with the consent of the parties, present writ petition is being heard and finally decided.