The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that adverse reports irrelevant to the promotion decision.

JUDGMENT :

(Manjive Shukla, J.)

1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Himanshu Singh, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents.

2. Petitioner through this writ petition has assailed the order dated 13.4.2023 passed by the Additional Director of Education (Basic), U.P. Prayagraj, whereby his representation for grant of promotion on the post of Administrative Officer with effect from the date of promotion of his juniors, has been rejected on the ground that on the date when his juniors were given promotion on the posts of Administrative Officer, disciplinary proceedings were pending against him and further District Basic Education Officer, Firozabad vide his letter dated 11.11.2022 has informed that petitioner is full of spontaneity and does not care to follow the rules and regulations.

3. Facts of the case, in brief, are that petitioner was initially appointed on the post of Junior Clerk and was posted at Government Normal School Goverdhan, District Mathura vide appointment order dated 24.3.1988. Petitioner was granted promotion on the post of Senior Clerk vide order dated 19.2.1994 and was posted in the office of District Inspector of Schools, Etah. Later on, vide order dated 26.4.2013 passed by the Additional Director of Education (Basic), U.P. Prayagraj, post of Senior Clerk was re-designated as Head Assistant.

4. Petitioner in the capacity of Head Assistant was transferred at different places and lastly, he was posted as Head Assistant in the office of District Inspector of Schools, Agra.

5. The terms and conditions of the service on the post of Head Assistant are governed by the Uttar Pradesh Subordinate Education Clerical Cadre Service Rules, 1985 (hereinafter referred to as ‘the Rules of 1985’). Under the Rules of 1985, next promotional post of the Head Assistant is Administrative Officer and 100% posts of Administrative Officer are filled in by way of promotion of Head Assistants on the criteria of seniority subject to rejection of unfit. Seniority list of the incumbents working on the posts of Senior Clerk (re-designated as Head Assistant) was published under the signatures of the Additional Director of Education (Basic), U.P. Prayagraj on 24.7.2007. The name of petitioner finds place at serial no. 361 in the aforesaid seniority list of Head Assistants.

6. Services of the petitioner while he was working on the post of Head Assistant in the office of District Basic Education Officer, Agra, were placed under suspension vide order dated 12.2.2021 passed by the Additional Director of Education (Basic), U.P., Prayagraj. A charge sheet was issued to the petitioner and thereafter, vide order dated 6.8.2021 passed by the Additional Director of Education (Basic), U.P., Prayagraj, petitioner was reinstated in service with full salary with a rider that disciplinary proceedings initiated against him will continue. The Additional Director of Education (Basic) U.P. Prayagraj passed another order on 9.8.2021 whereby place of posting of the petitioner was changed and he was posted in the office of District Basic Education Officer, Firozabad.

7. The aforesaid disciplinary proceedings initiated against the petitioner were concluded and the Additional Director of Education (Basic), U.P., Prayagraj passed an order on 10.6.2022, whereby disciplinary proceedings against the petitioner were dropped on the ground that the charges levelled against the petitioner were not found proved.

8. The disciplinary proceedings against the petitioner remained pending from 12.2.2021 till 10.6.2022 and during the aforesaid period exercise of promotion from the post of Head Assistant to the post of Administrative Officer was carried out and vide order dated 24.11.2021, on the basis of recommendations of the selection committee, twenty four Head Assistants were granted promotion on the posts of Administrative Officer. Petitioner in his writ petition has categorically stat