DINESH KUMAR PALIWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition was entertained on 09.02.2015 and time was granted to the respondents to file a counter affidavit. Notices were also issued to respondent No.6. As per office report notices have been sent by registered speed post to respondent No.6 and, in view of the office report dated 08.08.2017, service of notice upon respondent No.6 is treated to be sufficient. On 21.08.2019, last opportunity was given to State to file a counter affidavit but no counter affidavit has been filed. Writ petition is, therefore, taken up for final disposal and the averments made in the writ petition are treated to be correct by applying the doctrine of non-traverse.

(2.) Gopi Nath Paliwal Inter College, Aligarh is an institution recognized under the U.P. Intermediate Education Act, 1921 and the provisions of U.P. High School and Intermediate College (Payment and Salaries of Teachers and other Employees) Act, 1971 are applicable upon it. The provisions of the U.P. Secondary Education Service Selection Board Act, 1982 as also the rules framed thereunder are applicable upon the institution.

(3.) The petitioner was initially appointed as Teacher in L.T. Grade on ad hoc basis on 12.07.1991. His appointment has been approved on 14.08.1995. Petitioner's services have been regularized vide order dated 23.08.2006 on the post of L.T. Grade Teacher w.e.f. 30.12.2000. It is alleged that petitioner is a post graduate in English and is also B.Ed. It is asserted that a post of Lecturer in English fell vacant with retirement of one Keshav Dev Sarswat on 30.06.2007. This substantive vacancy was not filled and the petitioner claimed his promotion against the post under the 50% promotion quota. It is asserted that there are 12 post of lecturers in institution and that the post of Sri Sarswat fell within 50% promotional quota. It is also stated that petitioner was entitled to be considered for promotion to the post of lecturer in English but his claim was not considered in that regard. A resolution was also passed by the Managing Committee to promote the petitioner on the post of lecturer in English. Ultimately his claim came to be rejected by the Regional Joint Director of Education, Aligarh, vide his order dated 23.06.2008. This order was challenged by the petitioner in Writ Petition No. 63317 of 2008. This petition has ultimately been disposed of vide following orders passed on 13.02.2013:-