The instant writ petition has been filed by the petitioner with a prayer to quash the order dated 17.07.2019 passed by the District Inspector of Schools (Second), Lucknow which was communicated to the petitioner vide letter dated 30.9.2009 and the order dated 20.10.2009 passed by the Committee of Management, Nari Shiksha Niketan Girls Inter College, Lucknow.
Submission of learned Counsel for the petitioner is that initially the petitioner was appointed on 01.04.1997 on the post of Assistant Teacher by the Secretary, Uttar Pradesh Madhyamik Shiksha Ayog, Allahabad. After receiving the appointment letter, the petitioner had joined her duty on 01.07.1997 at Sarju Prasad Kanya Pathshala Inter College, Gonda. Thereafter, she was transferred from Gonda to Lucknow at Nari Shiksha Niketan Inter College, Lucknow (in short "the College") vide order dated 21.12.2005.
Learned Counsel for the petitioner has further submitted that after the retirement of Indira Gupta, Lecturer (Economics), the petitioner being senior most teacher had submitted a representation to the Committee of Management for her promotion to the post of Lecturer (Economics) under 50% promotional quota. The Committee of Management vide resolution dated 05.06.2008 recommended the name of the petitioner for promotion to the post of Lecturer (Economics) and after completing all the formalities had sent the documents to the District Inspector of Schools (Second), Lucknow (opposite party no.2) for approval. After receiving the said letter, the opposite party no.2 sought some clarification by the Committee of Management, which was given by the Committee of Management vide letter dated 09.07.2008.
Learned Counsel has further submitted that the opposite party no.2 instead of granting approval to the promotion of the petitioner had referred the matter to the Regional Committee for consideration. The Regional Committee vide order dated 17.07.2009 has not given approval, which was communicated by opposite party no.2 to the petitioner vide letter dated 30.09.2009. In the meantime, one Smt. Savita Singh was selected as Lecturer by the Board and she was allotted Ken Grovers Inter College, Lakhimpur Kheri and Nari Shiksha Niketan College, Lucknow. Vide order dated 05.05.2008, the opposite party no.2 has directed the Committee of Management to absorb Smt. Savita Singh as a subject Expert. The Committee of Management has informed that since the petitioner has already promoted under the promotion quota and she is working since July, 2007, therefore, Smt. Savita Singh may be directed to join Ken Grovers Inter College, Lakhimpur Kheri. Smt. Savita Singh had approached this Court by way of Writ Petition No.953 (SS) of 2009, which was disposed of ith a direction to Smt. Savita Singh to approach the higher authority. Smt. Savita Singh approached the Joint Director and the Director of Education vide letter dated 24.02.2009 directed Smt. Savita Singh to join Saraswati Inter College, Tanda, Chandauli but without considering the order dated 24.02.2009, the opposite party no.2 had directed the Committee of Management of College vide order dated 20.10.2009 to permit Smt. Savita Singh to join the College.
Learned Counsel for the petitioner has contended that during the pendency of the instant writ petition, the Committee of Management of the College sent a fresh proposal on 15.02.2019 for promotion of the petitioner to the post of Lecturer (Economics), which has been approved by the Joint Director of Education, VIth Division, Lucknow vide order dated 20.02.2019 and the said order has been communicated to the Manager/ Principal of the College vide letter dated 21.02.2019. In the letter dated 21.02.2019, it has specifically been observed that after the transfer of Smt. Savita Singh from the College to M.K.S.D. Inter College, Paper Mill Colony, Lucknow from the post of Lecturer (Economics), the post of Lecturer (Economics) is fall vacant from 23.12.2011 and the petitioner has been promoted to the said post. The petitioner has joined the said post on 05.03.2019 in the College.
Learned Counsel for the petitioner has next submitted that the opposite party no.2 has disapproved the proposal of the Committee of Management merely on the ground that there was no post vacant at that time, which is contrary to the facts and material available on record, therefore, the impugned orders dated 17.07.2009 and 20.10.2009 are liable to be quashed and the petitioner is entitled for all consequential benefits.
Per contra, learned Counsel appearing for opposite parties no.1 and 2 has vehemently opposed the submissions of learned Counsel for the petitioner and has submitted that there is no illegality in the order impugned. The proposal sent by the Committee of Management for promotion of the petitioner against the vacancy in question was forwarded to the Regional Committee and the Regional Committee after duly considered the proposal of the Committee of Management had rightly disapproved the said proposal on the ground of non-availability of the post. Learned Counsel further submits that when the Manager of the College had not permitted to join in the College, Smt. Savita Singh had been given joining in the office of opposite party no.2.
Learned Counsel appearing for the State has again submitted that since the grievance of the petitioner for promotion has been redressed, therefore, the instant writ petition has become infructuous and is liable to be dismissed as infructuous.
Lastly, it has been submitted by the learned Counsel for the petitioner that the impugned order has been passed merely on the ground that there is no vacancy available whereas the letter dated 21.02.2019 issued by the District Inspector of Schools (Second), Lucknow, it has been admitted that the vacancy in question is available and, therefore, it would be appropriate to direct the authority concerned to consider the case of the petitioner for providing all consequential promotional benefits in the light of the submissions made hereinabove and decide the same within the time frame fixed by this Court to which learned Counsel for opposite parties no.1 and 2 has no objection.
In view of the aforesaid facts and circumstances of the case and without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to approach the authority concerned within ten days from today ventilating all her grievance with the regard to consequential promotional benefit and on receipt of the same, the authority concerned shall examine the case of the petitioner and decide her representations, in accordance with law, in the light of the contentions made in the writ petition as well as the submissions made hereinabove within a period of three months from the date of production of certified copy of this order along with representation.
Order Date :- 28.8.2019 akverma