Court No. - 58
Case :- WRIT - A No. - 3252 of 2019 Petitioner :- Sunil Kumar Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shailendra Singh,Santosh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
A vacancy on the post of Lecturer in History had come into existence in the institution concerned in the year 1998. Petitioner is claiming consideration of his claim for promotion against such vacancy. It is admitted that his appointment has been made after the year 1998. It is therefore undisputed that the petitioner was not eligible for promotion on the date of accrual of vacancy.
In view of the laid down down by the Full Bench of this Court in Special Appeal (D) No. 442 of 2016 (Smt. Sadhna Vs. State of U.P. and 5 others) decided on 30.5.2017, the eligibility of a candidate for promotion would have to be viewed on the date of accrual of vacancy and not in the year of recruitment.
That being the case, no direction can be issued to consider petitioner's claim.
Writ petition fails and is accordingly dismissed.
Order Date :- 28.2.2019 n.u.