Court No. - 58
Case :- WRIT - A No. - 24220 of 2018 Petitioner :- Bhola Nath Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gaurav Tiwari Counsel for Respondent :- C.S.C.,Gautam Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 10.10.2018 passed by the District Inspector of Schools, Allahabad, whereby claim of promotion of petitioner to the post of Head-clerk has been rejected. A direction has been issued to the management to forthwith forward the papers for promotion of respondent no. 6 as he has been found to be senior most Assistant Clerk in the institution.
The order is assailed on the ground that various adverse material against respondent no. 6 have been ignored and, therefore, the order impugned is bad. It is, however, not an issue that respondent no. 6 is the senior most Assistant Clerk in the institution.
It appears that after the post of Head-clerk had fallen vacant in the year 2016, a claim was raised for promotion by the respondent no. 6, which was not considered. The District Inspector of Schools, Allahabad on 23.05.2017, therefore, directed the Committee of Management to forthwith forward resolution for promotion to be granted to respondent no. 6. Subsequent reminders were also sent in that regard. It is thereafter that the Committee of Management, instead of complying with the order previously passed by the Inspector, has proceeded to create material against respondent no. 6, on account of which his claim is sought to be rejected. The inspector has found all such resolutions to be lacking bonafide, inasmuch as material was being created to defeat the legitimate claim of respondent no. 6. The order of the Inspector has not been shown to be perverse or erroneous.
This Court otherwise finds that respondent no. 6 is the senior most Assistant Clerk and in case the direction issued to promote him are sought to be circumvented by creating materials against him, the authority would be justified in directing the Committee of Management to promote respondent no. 6.
Writ petition lacks merit and is dismissed.
Order Date :- 27.11.2018 Pkb/