Petitioner is working as Assistant Teacher in Primary School Gokul-I Development Block Baldev, district Mathura. Several such Assistant Teachers were promoted to the posts of Assistant Teachers in Junior High Schools or Headmasters in Primary Schools after facing selection process at the district level. Copy of the promotion order is Annexure 2 to the writ petition in which petitioner's name finds place at serial no.205. He was promoted and transferred as Assistant teacher to Junior High School (Purva Madhyamik Vidyalya) Rakaulinand, district Mathura. In the order it was mentioned that the promotees shall positively join within 10 days failing which order of promotion in their respect would automatically cease to have any effect and for next three years they would not be considered for promotion. Petitioner's wife was also assistant teacher. She was also promoted by the same order. However, she was posted at some other school hence petitioner requested that both might be posted at the same place. Waiting for some orders on his application petitioner delayed his joining. Through order dated 25.02.2008, it was directed that as petitioner was granted 15 days time to join on the promoted post, however, he failed to join within the time hence for three years his promotion would not be considered. That order is in the form of a letter written by District B.S.A. Mathura to Private Secretary Minister of Basic Education U.P. In my opinion it was not appropriate for the petitioner to delay the joining pending consideration of his application for posting at the place of his wife's posting on promotion or vice versa. However, in the promotion order Annexure 2 (dated 30.08.2006) it was mentioned that those who did not join within time would not be considered again for promotion for three years. The said period has already expired. Petitioner was found suitable for promotion by the Selection Committee. Accordingly it is directed that within three weeks from the date of production of certified copy of this order, petitioner shall positively be promoted to the post of Assistant Teacher in some Junior High School in District Mathura. Petitioner will not have any choice in that regard. However, if possible he may be posted at the place where his wife is working i.e. at Baldev or near by place.
Learned counsel for the petitioner has prayed for payment of difference of salary since 30.08.2006 and for calculating his seniority as Assistant Teacher of Junior High School therefrom.
In my opinion there was some fault of the petitioner in not joining and moreover petitioner has not actually worked on the promoted post. Accordingly, it can not be directed that his seniority be counted with effect from 30.08.2006 or he shall be paid salary of the promotional post therefrom. However it is strictly directed that not a single day's delay shall be made in giving promotion to the petitioner after three weeks from the date on which certified copy of this order is filed before B.S.A. Mathura. Writ petition is accordingly disposed of.
Office is directed to supply a copy of this order free of cost within a week to Sri Shivendra Singh, learned standing counsel for Basic Shiksha Parishad and B.S.A.
Order Date :- 22.1.2010 vkg