Court No. - 58
Case :- WRIT - A No. - 27181 of 2018 Petitioner :- Ashok Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had approached this Court earlier by filing Writ Petition No.10244 of 2018, which came to be disposed of vide following orders passed on 19th April, 2018:-
"Petitioner's claim for promotion to the post of Lecturer in Sociology in Sri Swami Vivekanand Inter College Mariyahu, Jaunpur has been forwarded by the District Inspector of Schools to the Joint Director of Education. Such claim is required to be considered by a committee constituted in terms of the provisions of the U.P. Secondary Education Service Selection Board Rules, 1998. Since such consideration has not been made, hence the present petition.
Learned Standing Counsel submits that grievance of petitioner shall be examined, in accordance with law.
Considering the above, this writ petition stands disposed of with a direction upon the respondent no.2 to place the petitioner's matter for consideration before the appropriate committee, so that a decision in accordance with law is taken, within a period of three months from the date of presentation of certified copy of this order. It goes without saying that any other claimant for the post, if exists, shall also be afforded an opportunity of hearing. Only in the event, petitioner is not found eligible or entitled to be considered for promotion that the claim for filling up of the post by direct recruitment would arise."
Claim of the petitioner, consequently, was examined by the Regional Level Committee and he was held entitled for promotion to the post of Lecturer vide order dated 24th October, 2018. This order records that petitioner was appointed by the Board and he joined in the institution on 21.12.2009. It is also recorded that a post of Lecturer in Sociology fell vacant on 30.6.2015 with retirement of one Chhotey Lal Yadav.
It appears that some complaint has been subsequently made against the petitioner's promotion before the Deputy Director of Education and taking note of the allegations made therein, an order dated 26.11.2018 has been passed staying the previous order passed by the Regional Level Committee on 20.10.2018. It appears that complainant has alleged that the post of Lecturer has fallen vacant on 30th June, 2013 and on that date petitioner did not possess the requisite qualification.
The order dated 26.11.2018 is challenged on the ground that no opportunity has been afforded to the petitioner, and that the order is based on an incorrect factual premise, inasmuch as the post of Lecturer has fallen vacant on 30.6.2015 and not on 30th June, 2013. It is also stated that once the promotion has been granted by the Regional Level Committee, the Joint Director could not have stayed such order unilaterally at his own level.
Learned Standing Counsel states that the authority concerned be permitted to re-visit the matter, after affording an opportunity of hearing to the petitioner.
From the perusal of the materials placed, this Court finds that no notice appears to have been issued to the petitioner before passing the order dated 26.11.2018. The order of the Regional Level Committee specifically records that the post has fallen vacant on 30th June, 2015. Merely because some complaint is made, the Joint Director would not be justified in staying the order of the Regional Level Committee and consequential payment of salary to petitioner, as has been done in the manner herein. Consequently, as the order dated 26.11.2018 is found to have been passed without affording an opportunity of hearing to the petitioner, the same cannot be sustained, and is accordingly quashed.
It shall be open for the authorities concerned to proceed, in accordance with law, after affording an opportunity of hearing to the petitioner.
Writ petition, accordingly, stands disposed of.
Order Date :- 19.12.2018 Anil