Court No. - 37
Case :- WRIT - A No. - 11091 of 2019 Petitioner :- Abhimanyu Rai Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Santosh Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Learned counsel for the petitioner is permitted to correct the description of respondent no. 2 during the course of the day.
The petitioner claims himself to be the L.T. Grade senior most teacher of Mathematics subject in an aided intermediate college. The petitioner has claimed for promotion on the post of Lecturer in subject Mathematics.
There are 13 posts in the institution, as claimed by the petitioner, 7 of them are to be filled up by promotion and 6 through direct recruitment. There are 4 vacancies available under promotion quota and one vacancy is available under direct recruitment quota. The appointment by transfer has been held to be a direct recruitment, but the transfer is being done on the subject Mathematics for which the petitioner claims himself eligible to be promoted and, therefore, is resisting the transfer order which has been published on the website on 28.6.2019.
The appropriate authority for considering promotion is regional level committee-respondent no. 2.
The regional level committee-respondent no. 2 may look into the claim of the petitioner and pass appropriate orders in accordance with law, as far as possible, within two months from the date a certified copy of this order is presented before it.
The publication of online transfer list dated 28.6.2019, filed as Annexure 9 to the writ petition, shall abide by the decision by the regional level committee.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 25.7.2019 Sunil Kr. Gupta