Court No. - 36
Case :- WRIT - A No. - 18130 of 2019 Petitioner :- Dr. Vishambhar Alias (Bishwambhar) Dayal Awasthi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Sharma,H.N. Singh (Sr. Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Vivek Sharma, learned counsel for the petitioners and learned Standing Counsel for the respondents.
The petitioners by means of the present writ petition have prayed for quashing of the order dated 05.09.2019 passed by the Regional Level Committee refusing to grant promotion to petitioners on the ground that on the date of occurrence of vacancy, petitioners were not having minimum eligibility qualification for promotion.
The petitioners were appointed as Assistant Teacher on 04.05.1996 and their services were regularised w.e.f. 22.03.2016. Three posts of Lecturer; one in Sanskrit, one in Hindi and one in Civics came into existence on 30.06.2008, 30.06.2013 and 30.06.2015 respectively.
As petitioners have 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 petitioners were regularised w.e.f 22.03.2016, therefore, petitioners were not eligible to be considered for promotion on the post of Lecturer.
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