BAL KRISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Grievance of the petitioner herein is that despite exercising option by him, within one month after receiving the notice issued by respondents-Department, he has not been promoted to the post of Head Master, but his junior Nirmala Devi, has been appointed as Head Master vide impugned order dated 21.6.2016. Whereas plea of respondents-Department, to justify its action, is that petitioner had failed to exercise his option within one month of issuance of communication dated 17.9.2010, inviting the options.

(2.) Undisputed facts are that petitioner, initially, was appointed as Trained Graduate Teacher (TGT) under Scheduled Tribe Category vide order dated 29.6.1998. TGTs have two avenues for promotion, i.e. one to the post of Lecturer, subject to seniority coupled with eligibility for the said post and second to the post of Head Masters on the basis of seniority. Petitioner being in possession of degree of M.Sc. (Physics) was eligible to be promoted as Lecturer in Physics and also Head Master on his turn, on the basis of his position in the seniority list of TGTs. The post of Head Master as well as Lecturer is feeder category to the post of Principal. An incumbent irrespective of his seniority in TGT cadre may be promoted as Principal after becoming lecturer or Head Master on the basis of seniority in respective cadre in which he is posted i.e. Lecturer or Head Master irrespective of his seniority as TGT, subject to the availability of post of Principal in respective quota prescribed for Lecturer and/or Head Master.

(3.) Petitioner was promoted as Lecturer in Physics vide order dated 13.7.2010, as evident from office order dated 17th July, 2010 (Annexure A-4), without obtaining any option from him with respect to his preference of promotion to the post of Lecturer or Head Master.