Court No. - 33
Case :- WRIT - A No. - 12678 of 2021 Petitioner :- Satish Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Bheem Singh
Hon'ble Ashwani Kumar Mishra,J.
It appears that respondent no. 6 was promoted to the post of Lecturer and on accrual of vacancy on the post of Principal, he was permitted to officiate. However, promotion of respondent no. 6 was cancelled on the ground that he lacked requisite eligibility on the date of creation of occurrence of vacancy and the next senior most teacher i.e. the petitioner was allowed to officiate. Respondent no. 6, however, challenged the order cancelling his promotion by filing Writ Petition No. 7178 of 2021 and this Court vide order dated 26.7.2021 has stayed the order of the Regional Level Committee, cancelling promotion of respondent no.
6. As a consequence, respondent no. 6 is now claiming officiation on the post of principal with which the petitioner is aggrieved.
Learned counsel for the petitioner states that the issue with regard to eligibility of promotion offered to respondent no. 6 is yet to be finally decided and only because interim protection has been granted, petitioner ought not to be dislodged from the post of officiating principal.
The aforesaid contention is opposed by Sri G.K. Singh, learned Senior Counsel, assisted by Sri Bheem Singh, learned counsel for respondent no. 6 on the ground that once cancellation of petitioner's promotion has been stayed, he is entitled to all consequential benefits including officiating promotion on the post of Principal.
Having considered the respective arguments of the learned counsel for the respondent, this Court is of the considered view that once the order cancelling promotion of respondent no. 6 has been stayed by this Court, he would be entitled to all consequential benefits. Since the respondent no. 6 is senior to writ-petitioner, in such circumstances, petitioner cannot object to officiation of respondent no. 6 on the post of Principal. No interference in the matter, accordingly, is called for.
Dismissed, accordingly.
Order Date :- 23.9.2021 n.u.