Eligibility for promotion requires possession of requisite qualifications at the time of vacancy; daily wage employees cannot claim promotion without regularization.

JUDGMENT :

N.NAGARESH, J.

The petitioner is working as HST (Maths) in the 5^th respondent-School. She is aggrieved by the appointment of a daily wage employee against the vacancy of HSST (Maths).

2. The petitioner states that she joined service in UP Section on 06.06.2019. She was subsequently promoted as HST (Maths) on 01.06.2020. The petitioner possesses M.Sc. Degree in Maths, KTET Category II and III and SET. She is therefore fully eligible to be appointed as HSST (Maths).

3. A vacancy of HSST (Maths) arose on 31.05.2023. The Manager of the School, as per Ext.P2 order dated 01.06.2023, appointed the 7^th respondent as HSST, who was then working on daily wage basis as HST, though she was not eligible to hold the post.

4. The 7^th respondent had worked on daily wage basis from 02.06.2022 to 31.03.2023. She was not working as on 01.06.2023. Her temporary service on daily wage basis is not liable to be considered for appointment to the post of HSST. The petitioner submitted Ext.P3 representation dated 01.03.2024 to the 3^rd respondent- Regional Deputy Director. Though Ext.P3 representation has not been considered, the Regional Deputy Director has rejected approval to the appointment of the 7^th respondent as per Ext.P4 order dated 29.05.2024.

5. In spite of Ext.P4, the petitioner was not granted appointment as HSST. The petitioner therefore submitted Ext.P5 representation dated 06.06.2024 to the 2^nd respondent-DGE. In the meanwhile, Ext.P6 order was issued on 22.01.2024 approving the daily wage appointment of the 7^th respondent. Ext.P6 made it clear that the 7^th respondent will not be eligible for benefits available to the regular employees including increments till the appointment is regularised.

6. Subsequently, the petitioner submitted Ext.P8 representation dated 01.06.2024 to the 5^th respondent-Manager of the School. The request of the petitioner was rejected as per Ext.P9 order dated 29.05.2024 of the Regional Deputy Director. Though the petitioner filed W.P.(C) No.23789/2024 challenging Ext.P9, the writ petition was disposed of by this Court as per Ext.P10 judgment dated 03.07.2024 directing the 2^nd respondent to pass orders on the representation of the petitioner. On 06.12.2024, the petitioner’s appeal was rejected by the 2^nd respondent as per Ext.P1 order.

7. The counsel for the petitioner argued that she became eligible and qualified for appointment to the post of HSST (Maths) with effect from February, 2024. The appointment of the 7^th respondent to the post of HSST (Maths) was rejected as per Ext.P4 order dated 29.05.2024. As on the date of Ext.P4 order, the petitioner was the sole person fulfilling the eligibility and qualifications for appointment to the post. However, respondents 2 to 5 have arbitrarily denied promotion to the petitioner.

8. The counsel for the petitioner further argued that regularisation of service / declaration of probation is an essential tenet of service for consideration for promotion. The 7^th respondent therefore was not eligible for promotion as HSST. Exts.P1, P12 and P15 are therefore liable to be quashed.

9. The 5^th respondent-School submitted that the vacancy of HSST arose on 01.06.2023. The 5^th respondent issued notice on 05.06.2023 informing the teaching staff who are qualified to hold the post of HSST (Maths). The petitioner did not make any claim. The 7^th respondent pointed out that her appointment as HST (Mathematics) was approved on a regular pay scale as per Ext.R7(d) order dated 11.08.2024. The 7^th respondent was appointed as HSST (Maths) as per Ext.R7(c) order dated 01.06.2023.

10. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 4, learned counsel appearing for the 5^th respondent and the learned counsel for the 7^th respondent.

11. The petitioner was appointed as HST (Maths) on 01.06.2020. The petitioner possesses M.Sc. Degree in Maths, KTET Category II and III and SET. The 7^th respondent was appointed as HST (Maths) on 02.06.2022