Allahabad High Court
Mahesh Kumar Tiwari vs State Of U.P. And 3 Ors on 31 October, 2014
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- WRIT - A No. - 58040 of 2014 Petitioner :- Mahesh Kumar Tiwari Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Arun Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
The petitioner claims to be working as LT Grade teacher in the institution of respondent no. 4.
Learned counsel for the petitioner submits that there are six sanctioned posts of lecturers in the Institution, and as per Rules three posts are to be filled by direct recruitment whereas remaining three posts by promotion. He submits that as on date two persons got appointment by direct recruitment and one was promoted. Thus two posts are available for promotion and one for direct recruitment. One post of lecturer (History) has fallen vacant on 30.6.2014 out of aforesaid three vacancies.
The grievance of the petitioner is that the management of the institution is not initiating process for promotion of the petitioner thereby causing great prejudice to the him. He is senior most eligible LT Grade teacher in the institution for promotion to the post of Lecturer (History). According to the petitioner, he has already submitted a representation to the Joint Director of Education, Allahabad Region, Allahabad (Respondent no. 2) raising his grievances in the matter.
Without adjudicating merit of the claim of the petitioner, the writ petition is disposed of with a direction to respondent no. 2 to consider and decide the representation of the petitioner strictly in accordance with law after ascertaing as to whether the post in question is vacant and is available under the promotion quota or not. The decision shall be taken by respondent no. 2/competent authority within a period of two months from the date a certified copy of this order is produced before him.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 31.10.2014 SKS