W.P.No. 8119/2009 (s)
10/05/2010
Shri S. Jyotishi, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Govt. Adv. for the respondents.
Even though, notices are issued to the respondents,
respondent Nos.1 to 3 have not filed any reply.
As a very short question is involved in the matter, petition is
disposed of on the basis of material available on record.
Petitioner seeks promotion on the post of Lecturer in Higher
Secondary School with effect from the date when his immediate
junior was promoted to the said post and further consequential
promotion to the next higher post.
It is the case of the petitioner that he was appointed as a
Upper Division Teacher in the School Education Department on
26.12.1986 and respondent Nos.4 to 6 who were junior to him have
been promoted to the next higher post i.e. Lecturer.
Petitioner joined as Head Master in Middle School and was
not considered for promotion on the post of Lecturer. It is the case
of the petitioner that in the gradation list of U.T.D. published,
petitioner’s name was placed at Serial No.10251 considering him to
be an appointee of 1987 whereas his actual date of appointment is
26.12.1986. Accordingly, he submitted representation seeking
correction of his position in the gradation list. Records indicate
that petitioner had made representations and finally vide order
Annexure P-4 dated 18.2.2008, the department concerned accepted
the representation of the petitioner and it was ordered that in the
gradation list published in the year 1998, seniority of the petitioner
indicated at Serial No.10251 be corrected and instead his name be
placed at Serial No.10129-D. Subsequently, correction was
directed to be made in the seniority list on 1.4.2003 and in the
seniority list, petitioner’s name appeared at Serial No.6384 instead
it was directed to show his name at Serial No.6284-D.
Grievance of the petitioner is that after correction of his
seniority vide Annexure P-4 dated 18.2.2008 consequential
consideration for promotion is not where as many persons junior to
him whose name appeared down below in the seniority list like
respondent Nos.4 to 6 have been promoted as Lecturer, but
petitioner’s case is not considered and the said respondents who are
junior to him have already been indicated in the seniority list.
In spite of notices issued to the respondents, they have not
filed reply. It is clear from the records that after considering the
representation of the petitioner on 18.2.2008 and even before
correction of his seniority, orders have been issued by the
respondents vide Annexure P-2 dated 13-14/12/1999 and order
dated 13/06/08 and various other orders granting promotion to
persons junior to the petitioner on the post of Lecturer. However,
after correction of the seniority list vide Annexure P-4 dated
18.2.2008, consequential consideration for promotion on the post
of Lecturer is not done. This exercise having not been undertaken,
a direction is required to be issued to the respondents to do so.
Accordingly, this petition is allowed, respondent Nos.1, 2 &
3 are directed to consider the case of the petitioner for grant of
consequential promotion on the post of Lecturer after taking note
of the amendment/ correction made in the seniority list vide
Annexure P-4 dated 18.2.2008. if necessary review D.P.C.
convened and consideration of petitioner’s case at par with that of
his immediate junior, who has been promoted on the post of
Lecturer be made within a period of three months from the date of
receipt of certified copy of this order and the decision be
communicated to the petitioner, needless to emphasize that in case
found fit petitioner be promoted w.e.f. the date promotion is
granted to his immediate junior with all consequential benefits.
Petition stands allowed and disposed of with the aforesaid
direction.
C.C. as per rules.
(Rajendra Menon)
Judge
Vy/