Court No. - 58
Case :- WRIT - A No. - 12916 of 2018 Petitioner :- Manjeet Singh Chaddha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be the senior most Class-IV employee who is entitled to be promoted to the post of clerk in Khalsa Girls Inter College, Govind Nagar, Kanpur Nagar, which is a recognized minority institution.
Petitioner had earlier approached this Court with the same grievance by filing a writ petition no. 23643 of 2016 which came to be disposed of on 27.4.2015. The District Inspector of Schools, Kanpur Nagar rejected the claim of the petitioner on the ground that jurisdiction to promote a person is with the Committee of Management which itself is not in office.
This order has been challenged in a writ petition which is stated to be pending. Petitioner thereafter represented again when a Committee of Management got recognized.
The District Inspector of Schools, Kanpur Nagar on 27 April 2018 had directed the Management/Principal of the institution to consider petitioner's claim for promotion against 50% quota meant for promotion. Grievance of the petitioner is that instead of examining his case the institution has proceeded to advertise the post on 14th May 2018 which is challenged in this petition. Grievance of the petitioner is that without considering his claim for promotion, the authorities are proceeding to fill up the post by direct recruitment. According to the petitioner he fullfills the requisite qualification for promotion to the post in question.
I have heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2. Considering the order proposed to be passed, notice need not be issued to the respondent nos. 3 and the writ petition is disposed of at this stage itself.
In the facts and circumstances of the case, noticed above, it would be appropriate to dispose of this petition with the direction upon respondent no.3 to consider the petitioner's claim for promotion to the post of Assistant Clerk, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. The petitioner shall also be at liberty to make a fresh comprehensive representation in that regard.
The Committee of Management shall pass a specific order in that regard within aforesaid period. It is also provided that so long as petitioner's claim is not considered for promotion by the authorities, the District Inspector of Schools shall not grant any financial approval to the appointment made pursuant to advertisement dated 14th May 2018, in respect of one post.
With the aforesaid observation this petition stands disposed of.
Order Date :- 30.5.2018 A. Tripathi