B ASHOK KUMAR Vs. BOARD OF INTERMEDIATE EDUCATION

JUDGEMENT

(1.) THE petitioner was initially employed as L. D. C. , in the Board of intermediate Education, the 1st respondent, in the year 1972. Thereafter, he earned promotions as U. D. C. , Office Superintendent, Administrative Officer, and ultimately as Deputy Secretary. The petitioner retired in the category of deputy Secretary, on 31-10-2007, on attaining the age of superannuation. The grievance of the petitioner is that, he ought to have been promoted to the post of Regional inspection Officer-cum-Joint Secretary, and complains that he was wrongfully denied the same. The petitioner seeks the relief of a direction to the respondents to give notional promotion to him, to the post of Joint Secretary.

(2.) SRI C. Srinivasa Baba, learned counsel for the petitioner, submits that though the probation of all the four Deputy Secretaries, appointed in the year 2004, was declared on 28-06-2007, the respondents promoted only the first two candidates, namely, c. Nanda Kumar and D. Jagannadham, on 08-08-2007 to the posts of Joint secretaries, in category-I. He contends that denial of promotion to the petitioner, particularly when there were vacancies; is illegal, arbitrary and unconstitutional.

(3.) SMT. C. Sindu Kumari, learned Standing Counsel for the respondents, on the other hand, submits that even assuming that there existed vacancies, the petitioner cannot claim promotion, as of right. She contends that the question, as to whether an incumbent must be promoted to a higher post, would depend upon the exigency of service, apart from the incumbent holding the requisite qualifications. Her further contention is that the petitioner can claim notional promotion only when it is established that any Deputy Secretary junior to the petitioner was promoted, and that such is not the case here.