Court No. - 37
Case :- WRIT - A No. - 6604 of 2018 Petitioner :- Poonam Saxena Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Awadhesh Kumar Malviya,Awadhesh Kumar Malviya,Vidya Kant Rai Counsel for Respondent :- C.S.C.,C.S.C.
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner has come to this Court claiming promotion by selection on the post of Supervisor after putting 13 years of service as Anganwari Worker.
According to government order the eligibility for promotion to the post of Supervisor is that the candidate must have experience of at least 10 years and must have passed High School. The petitioner claims that she is M.A. and has 13 years of experience and only now vacancy on the post of Supervisor has been notified. Although the petitioner became eligible three years ago after completion of 10 years of service, but since the vacancies were not notified, therefore, the petitioner could not be considered for considered for promotion. Now she is 53 years of age and, therefore, considering that she became eligible three years ago she should be granted promotion ignoring the age limit.
The petitioner derives her right from the government order which prescribes conditions of service.
It is to be noted that promotion is not a fundamental right. Promotion can be made only if there is any vacancy available and the candidate is qualified for such promotion. Admittedly the petitioner has now become over age, as such, she has no claim for promotion by ignoring the age bar.
The writ petition has no merit and it is, accordingly, dismissed.
Order Date :- 23.2.2018 Sunil Kr. Gupta