Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for respondent Nos.1 to 4.
In view of the order proposed to be passed in the present writ petition, notice to respondent Nos.5 and 6 is dispensed with.
Brief fact of the case is that the petitioner was initially appointed as Assistant Teacher LT Grade, English in National Inter College, Lucknow on 12.2.1990. The appointment of the petitioner was duly approved by the respondent No.4 on 4.2.1991 and he was regularized vide order dated 16.11.1995 by the respondent No.3.
A vacancy on the post of Lecturer in English came into existence due to retirement of one Mr. R.K. Verma on 30.6.1996. The petitioner being fully eligible and qualified, was considered for the grant of ad-hoc promotion on the post of Lecturer in English and subsequently, he was granted regular promotion in accordance with the provisions contained under Rule 14 of U.P. Secondary Education Services Selection Board Rules, 1998. The order in this regard is part of the writ petition as Annexure-5.
Thereafter, on completion of 12 years of satisfactory service, the petitioner was provided selection grade. A government order was issued by the State Government on 24.2.2009, providing that on completion of 12 years of service, promotional pay scale shall be granted to the Lecturers.
Submission of learned counsel for the petitioner is that in accordance with the government order dated 24.2.2009, he represented the matter before the respondent No.5 to consider and send proposal before the respondent Nos.3 and 4 for the grant of promotional pay scale and in pursuance thereof, the Committee of Management passed a resolution on 4.12.2018 and in spite of proposal sent to the District Inspector of Schools, Lucknow, no action whatsoever has been taken for the grant of promotional pay scale to the petitioner.
His next submission is that the petitioner made several representations before the District Inspector of Schools, Lucknow as well as copy of the same has been sent to the Regional Joint Director of Education for issuance of necessary direction for consideration of his claim for the grant of promotional pay scale, but his claim is lying pending consideration and no order whatsoever has been passed till date. He submits that in case direction is issued for consideration of his claim for the grant of promotional pay scale to the District Inspector of Schools, Lucknow, justice would be met.
Learned Additional Chief Standing Counsel submits that in case claim setup by the petitioner is lying pending consideration before the District Inspector of Schools, appropriate order shall be passed within a reasonable time.
I have considered the submission advanced and perused the material on record.
In view of the facts narrated and submission made, no useful purpose will be served in keeping the writ petition pending before this Court.
Accordingly, this writ petition is finally disposed of with the liberty to the petitioner to make a fresh comprehensive representation, enclosing the copy of the relevant documents before the District Inspector of Schools, Lucknow (respondent No.4) within a period of two weeks from the date of receipt of certified copy of this order. In case such a representation is filed within the aforesaid period, the respondent No.4 shall consider and pass appropriate reasoned speaking order after affording opportunity of hearing to the petitioner in accordance with law within a period of six weeks from the date of production of certified copy of this order.
Order Date :- 19.1.2021 Gautam