Court No. - 58
Case :- WRIT - A No. - 13311 of 2018 Petitioner :- Prem Lata Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was promoted to the post of Head Mistress on 14.10.2016 but she has not joined pursuant to the order of promotion. This petition has been filed with the grievance that the petitioner has already represented for change of institution, which has not been considered. It is also stated that the post of Headmistress is vacant where the petitioner is presently working.
Learned counsel for the respondent point out that once petitioner has failed to join pursuant to the promotion order then her right to be consider for promotion stands forfeited for a period of 3 years by of Rule-11 (c) and (d) of the Posting Rules, 2008. It is stated that the petitioner's claim, therefore, cannot be considered now.
Admittedly, petitioner has not joined pursuant to promotion order passed in her favour on 14.10.2016. In such circumstances, the provisions contained in Rule-11 (c) and (d) are clearly attracted in the present case.
Writ petition, therefore, fails. It is, however, provided that after expiry of 3 years of the passing of promotion order, petitioner's claim for promotion would be considered by the authority concerned, in accordance with law.
Subject to the observations made above, this petition is consigned to records.
Order Date :- 30.5.2018 n.u.