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2008 Supreme(All) 78

[2008(2) ADJ 103]
ALLAHABAD HIGH COURT
BEFORE : SABHAJEET YADAV, J.
SAMBHOO PRASAD ..............PETITIONERS
Versus
AUTHORISED CONTROLLER, SARVA HITAISHI INTER COLLEGE, GHAZIABAD AND OTHERS ........Respondents
(Civil Misc. Writ Petition Nos. 8600 and 44383 of 2001, decided on 9th January, 2008)

Headnote:(A) Promotion—Eligibility for—Post of Lecturer—Petitioner was appointed as Assistant teacher in L.T. grade on ad hoc basis against substantive vacancy in Institution—He joined on that post—And continuously working on said post—His appointment was approved by D.I.O.S.—Then, his services was regularised—Thereafter, a post of Lecturer fell vacant, on account of retirement of a Lecturer—Petitioner applied before Authorised Controller for his appointment on that post—In meanwhile, posts for Lecturer in Economics and Civics fell vacant—Two persons, namely P. and V. respectively were promoted on those posts in 50% quota for promotion—Hence, petition against, by petitioner, challenging aforesaid orders for that two appointments, seeking relief to quash those orders—Question whether services of petitioner, to be treated to be regularised with effect from date of his initial appointment on ad hoc basis, or with effect from date on which Ordinance, 1998 was promulgated by Governor, from date on which his order of regularisation on post of Assistant Teacher in L.T. grade has been passed by competent authority—And whether petitioner was eligible and qualified for promotion on post of Lecturer in English on first day of year of recruitment, due to occurrence of vacancy on 30.6.1998—Held, petitioner could have hardly any claim for promotion on post of Lecturer in English in Institution—And services, rendered by petitioner, on ad hoc basis, from date of his joining as L.T. grade teacher, till his regularisation, cannot be taken, into account for computing his 5 years continuous regular service—Therefore, petitioner was not eligible for promotion for post of Lecturer in English. [U.P. Secondary Education Services Selection Boards Act, 1982—Sections 18, 33-C, 33-D, 32, 2(1), 33-A, 33-B, 10—U.P. Secondary Education Services Selection Boards Rules, 1998—Rules 11 and 14—Financial Hand Book, Chapter 2, Vol. 2, Parts II to IV]. [Paras 10, 12, 15, 22, 24, 49 and 50]

       (B) Words and phrases—Expressions ‘regular’ and ‘regular services’—Meaning and interpretation of. [Paras 32, 33 and 39]

       

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—In these two above noted petitions filed by the petitioner, the facts of Writ Petition No. 44383 of 2001 would also include the facts of Writ Petition No. 8600 of 2001 earlier filed by the petitioner. Earlier writ petition would be termed as first and later writ petition would be termed as second writ petition.

2. By means of these writ petitions, the petitioner has sought relief of mandamus directing the respondent No. 3 of first writ petition to comply with the order passed by respondent No. 1 on application of petitioner dated 27.12.2000 contained in Annexure-10 of the writ petition and send the papers for promotion of petitioner on the post of Lecturer in English in the institution and also pay all consequential benefits w.e.f. 1st July, 1998. In subsequent writ petition the petitioner has sought relief of certiorari for quashing the orders dated 25.6.2001 and 13.7.2001 passed by Joint Director of Education, Meerut Region, Meerut and District Inspector of Schools, Ghaziabad contained in Annexures-6 and 7 respectively to the writ petition and also for quashing the order of promotion of Sri Pritam Singh Lecturer in Economics in the institution in question.

3. The relief sought for in the writ petitions rests on the assertions of fact that vide order dated 19.10.1992 passed by District Inspector of Schools, Ghaziabad, the petitioner was appointed as Assistant teacher in L.T. Grade on ad-hoc basis against substantive vacancy in the institution in question. The selection for aforesaid appointment was made by duly constituted District Level Selection Committee under Section 18 of U.P. Secondary Education Services Selection Boards Act, 1982 ‘hereinafter referred to as the Act of 1982’. In pursuance of appointment the petitioner has joined the post of teacher in L.T. Grade in the institution on 3.11.1992 and since then he has been continuously working on the aforesaid post. Vide order dated 23.11.1992 the appointment of petitioner was also approved by the District Inspector of Schools, Ghaziabad for the purpose of payment of salary. Later on vide order dated 18.8.1999 the services of petitioner have been regularised under the provisions of Section 33-C of the Act 1982. A copy of order dated 18.8.1999 is already on record as Annexure-3 of first writ petition and as Annexure-5 of second writ petition.

4. It is stated that on 1.7.1998 the post of lecturer in English fell vacant on account of retirement of Sri Budh Prakash Sharma who was lecturer in English and retired on 30th June 1998. On 26.9.1998 the petitioner has moved an application before Authorised Controller of the institution stating therein that he is eligible to be promoted on the post of lecturer in English which has fallen vacant due to retirement of officiating Principal on 30th June, 1998. On the said application the Authorised Controller has directed the Principal of the institution to send the papers of petitioner for his promotion on 27.11.2000. Copy of application of petitioner alongwith endorsement of Authorised Controller is on record as Annexure-7 of first writ petition. It is stated that prior to the said order of Authorised Controller of the institution, the District Inspector of Schools, Ghaziabad had already directed him on 21.10.2000 to send the papers of petitioner for promotion on the post of lecturer in English. The copy of the order passed by District Inspector of Schools, Ghaziabad dated 21.10.2000 is already on record as Annexure-8 of first writ petition. Again vide order dated 2.12.2000 the District Inspector of Schools has directed the Authorised Controller to send the papers of petitioner for promotion on the post of lecturer in English. Copy of order of District Inspector of Schools, Ghaziabad dated 2.12.2000 is on record as Annexure-9 of first writ petition.

5. It is further stated that one post of lecturer in Economics fell vacant on 8.8.1998 in the said institution and the papers have been sent by the Princi



























































































































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