SMT. MEENA SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner was appointed as a L.T. grade teacher in Navyug Kanya Vidyalaya Inter College, Lucknow on 18.08.1990. Her appointment was approved by the District Inspector of Schools on 16.08.1990 and thereafter she was regularized by order dated 08.04.1995 w.e.f. 07.08.1993. There accrued a substantive vacancy in the Lecturer post on 30.06.1997 due to retirement of a Lecturer. Petitioner being the senior most teacher and having completed more than five years of service was qualified for being promoted as Lecturer. However, the same was refused by order dated 20.08.2001. In the impugned order the District Inspector of Schools states that as per Chapter-II Regulation 6 (1) of the Intermediate Education Act, 1921 the petitioner is not having qualification for minimum five years regular service.

(3.) Petitioner's submission is that law is settled by the Full Bench of this Court in the case of Raeesul Hasan Vs. State of U.P. reported in (2015) 33 LCD 2411 (FB) wherein this Court has held "we answer the reference by holding that it is not the date on which the vacancy has occurred, but the year of recruitment is relevant for determination of eligibility for promotion to the Lecturer under Rules 1998". Petitioner claims that the Rules of 1998 are same and there is no difference in Rules of 1995.