Court No. - 36
Case :- WRIT - A No. - 14573 of 2021 Petitioner :- Dr. Gyan Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Nandan,Sr. Advocate Counsel for Respondent :- C.S.C.,Aakash Rai
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 to 3 and Sri Aakash Rai, learned counsel for respondent nos.4 and 5.
The petitioner by means of the present writ petition has prayed for quashing of the Advertisement No.2 of 2021 dated 15.03.2021 by way of which, promotional quota post for Lecturer (Geography) which has occurred on account of the death of one Sri Anil Kumar has been requisitioned for appointment through direct recruitment.
The petitioner was appointed as Assistant Teacher on 04.05.1996 on Adhoc basis and his services was regularised w.e.f. 22.03.2016. The post of Lecturer (Geography) came into existence on 22.11.2016 As petitioner has not completed five years regular service as Assistant Teacher on the date of occurrence of vacancy as it is admitted on record that services of the petitioner was regularised w.e.f 22.03.2016, therefore, petitioner was not eligible to be considered for promotion on the post of Lecturer (Geography).
The controversy in hand is covered by the Larger Bench judgement of this Court in the case of Smt. Sadhna Vs. State of
U.P. and Others, reported in 2017 (6) ADJ 418. Therefore, this Court does not find any illegality in the impugned order.
Accordingly, the writ petition is dismissed in terms of judgement of this Court in the case of Smt. Sadhna (supra).
Order Date :- 20.12.2021 Sattyarth