PUNNILAL Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD Sri Ranjit Saxena for the petitioner, learned Standing Counsel for respondents no. 1, 3, 4 and 5 and Sri H.N. Pandey for respondent no. 7 in Writ Petition No. 15550 of 2006 filed by the petitioner, Punni Lal, challenging the order dated 7.11.2005 (Annexure 8 to the writ petition) whereby the District Inspector of Schools (hereinafter referred to as "DIOS") has directed the Committee of Management, Janta Inter College, Mau Aima, Allahabad (hereinafter referred to as the "College") to fill in the post of Lecturer (Hindi) by promotion treating the same to be reserved and consider for promotion respondent no. 7, Shri Asharfi Lal, Assistant Teacher (L.T. Grade).

(2.) IT is not in dispute that in the College, there were 12 sanctioned posts of Lecturers out of which six were to be filled in by direct recruitment and six by promotion. The post in question fell vacant on 1.7.2001 due to retirement of one Sri Gopinath Mishra, Lecturer in History on 30.6.2001. The petitioner and respondent no. 7, both were working as Assistant Teacher (L.T. Grade). The petitioner having passed M.A. in History in the year 1978 claimed to fulfil qualification for promotion to the post of Lecturer in Lecturer (History). The Management considered the same and passed resolution recommending his promotion on the post of Lecturer (History) but the same continued to await approval of DIOS since it did not pass any order thereon. In the circumstances, the petitioner filed writ petition no. 41155 of 2005 which was disposed of on 20.5.2005 directing DIOS to pass appropriate order in the matter. The respondents no. 2, thereafter, rejected the claim of the petitioner and allowed promotion of respondent no. 7 on the post of Lecturer (History) whereagainst the petitioner filed writ petition no. 72448 of 2005 wherein an interim order was passed on 1.12.2005. In the above writ petition, the petitioner challenged the order dated 27.10.2005 passed by Regional Committee declining to approve the proposal of petitioner's promotion on the post of Lecturer (History). Since, immediately, thereafter the impugned order dated 7.11.2005 was passed by DIOS directing the College to make promotion of respondent no. 7 on the post of Lecturer (History), the present writ petition has been filed challenging the said order.

(3.) COMING to the first question, disputing the claim of the petitioner, Sri H.N. Pandey submitted that the petitioner was never appointed on the post of Assistant Teacher (L.T. Grade), therefore, could not have been promoted to the post of Lecturer (History). It is not in dispute that the petitioner was appointed as Assistant teacher by appointment order dated 9.8.1974 in the pay scale of Rs. 250-425 in the College. The said appointment was on the post of Assistant Teacher (C.T. Grade). After completion of 10 years service, it appears that the petitioner was granted L.T. Grade with effect from 1.1.1986. Sri Saxena drew my attention to Section 33-D of U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "1982 Act"), which reads as under :