SUSHILA GUPTA Vs. ADMINISTRATOR NAGAR NIGAM

JUDGEMENT

(1.) Sri R.K. Jain, learned counsel for the petitioner raised two very interesting questions, namely whether for the purposes of recruitment in respect of only one post, the provision for reservation provided for backward classes is applicable. Secondly, whether ad hoc appointee is eligible for promotion when the persons holding substantive post eligible for promotion, are available.

(2.) In order to appreciate the points it is necessary to refer to the relevant facts which are as follows.

(3.) The petitioner was appointed as a lecturer on 15-7-1964 in Physics in M. G. Intermediate College, Civil Lines, Kanpur run by the Nagarpalika, Kanpur, now known as Nagar Nigam, Kanpur. She was confirmed on 30th June 1977. The Nagar Nigam had been runing four Girls Schools. A combined seniority list of all the Girls Schools was prepared. In the seniority list the petitioner was placed at serial number, below one Smt. R. R. Srivastava, who after being promoted as Principal had retired on 30th June 1994. By reason thereof the petitioner was the senior most lecturer in all the four colleges, whereas the respondent No. 2 was placed at Serial number '43 in the said seniority list, on being appointed ad hoc lecturer in Hindi on 17-7-1989. The petitioner alleges that she is still continuing as ad hoc lecturer in Hindi and her services have not been regularised. In the resultant vacancy occurring due to the retirement of the said Smt. R. R. Srivastava, Principal, respondent No. 2, was appointed as ad hoc Principal by en order dated 29-6-1994, issued by the Administrator, Nagar Nigam. Aggrieved the petitioner had made several representations to he appropriate authorities. But no steps have been taken on the said representation. The petitioner, therefore, has come up with the present writ petition, for quashing of the said order dated 29-6-1994 (Annexure-6 to the petition) and direction to promote and appoint the petitioner as ad hoc Principal.