Court No. - 7
Case :- WRIT - A No. - 12830 of 2018 Petitioner :- Brijesh Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Upadhyay,Uday Prakash Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. The petitioner's matter of promotion was forwarded by the Committee of Management of the College to the DIOS who made recommendation to the Joint Director of Education, Bareilly. The Joint Director of Education, Bareilly vide order dated 28.02.2018 returned the matter back to the College in respect of the promotion of the petitioner to the post of Lecturer on the ground that petitioner's appointment was made on the ad hoc vacancy caused due to retirement of Sri Mujaiyyan Ali inasmuch as Shri Mujaiyyan Ali's appointment itself was against ad hoc vacancy. Further the matter of appointment of Sri Mujaiyyan Ali was pending before the Director of Education. Unless matter of Mujaiyyan Ali was decided, no decision could have been taken for the promotion of the petitioner.
2. It appears that vide order dated 09.03.2018 a decision has been taken in respect of Mujaiyyan Ali and he has been granted promotion to the post of Lecturer. Shri Mujaiyyan Ali has retired from service on 31.03.2017. Now, it is for the college to again send the recommendation for promoting the petitioner to the post of Lecturer. There is no document on record to show that the college has sent any further recommendation after 09.03.2018.
3. The petitioner may pursue his matter with the Committee of Management of the college so that the recommendation is sent for his promotion.
4. If the Committee of Management of the college sends recommendations for promotion of the petitioner, the DIOS would send his recommendation to the Joint Director of Education with regard to the promotion of the petitioner on the post of Lecturer and the Joint Secretary should take a prompt decision in the matter.
5. With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 21.8.2018 prateek