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2013 Supreme(SC) 754

ANIL R.DAVE, DIPAK MISRA
State of Uttar Pradesh – Appellant
Versus
Ashok Kumar Srivastava – Respondent


JUDGMENT

Dipak Misra, J.

Leave granted.

2. The 1st respondent was appointed as a Lecturer on 23.3.1996 in “Ras Shastra” in Rajkiya Ayurvedic College and Chikitsalaya, Lucknow. The State Government vide notification dated 21.12.1990 notified the Service Rules, namely, Uttar Pradesh Ayurvedic Aur Unani Mahavidyalaya Aadhyapako Ki Seva Niyamawali, 1990 (for short, “the rules”) for the teachers of Uttar Pradesh Ayurvedic Colleges. Under the rules, the promotional post from amongst the Lecturers is Readers. As the vacancies in respect of Readers were not filled up, the respondent No. 1 preferred W.P. No. 1136 (S/B) of 2004 before the High Court of Judicature at Allahabad at Lucknow Bench, Lucknow, wherein the High Court took note of the statement by the learned counsel for the State and directed that it should be in the fitness of things that the Public Service Commission shall make earnest efforts to expedite the whole process relating to promotion within a period of six months. Eventually, on 15.6.2005 the U.P. Public Service Commission, (for short ‘the Commission’), the respondent No. 2 herein, recommended the names of six persons for promotion to the post of Readers. As far as the resp































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