MOHD.ASAD ABBASI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ajay Kishor Pandey, learned counsel for the petitioner, Sri S.P. Singh, learned Chief Standing Counsel-I for the State-respondents and Sri Virendra Mishra, learned counsel for the opposite party No.3.

(2.) By means of this writ petition, the petitioner has impeached the order dated 04.10.2010 passed by the Deputy Secretary, Government of U.P., Department of Technical Education, Civil Secretariat, Lucknow addressing to the Secretary, Board of Technical Education, U.P., Lucknow, whereby the State Government has refused to pass an order under Section 22 (E) of U.P. Technical Education Act, 1962 (here-in-after referred to as the "Act, 1962") relaxing the educational qualification of the petitioner observing that such decision could have been taken at the very inception when the petitioner was initially appointed and not after 33 years of his service, therefore, the recommendation so given by the Board of Technical Education regarding relaxation in qualification of the petitioner, is rejected. The petitioner has not annexed the order in the writ petition submitting that the said order has not been provided to him till filing of the instant writ petition despite the due efforts being taken by him to obtain such order, however, such order has been annexed with the short counter affidavit filed by the State-respondents as Annexure No.SCA-4.

(3.) The brief facts of the case are that the petitioner was initially appointed on the post of Instructor (Civil), Class-III post on 01.10.1977 on ad hoc basis. As per the learned counsel for the petitioner, the petitioner was appointed on the said post strictly in accordance with law as prescribed by the Act, 1962. Further, after the completion of one year satisfactory service of probation period, the petitioner was confirmed on the said post on 01.10.1978 and thereafter on completion of 10 years service he was granted one additional increment.