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Sushil Kumar Verma v. State Of U.P. And Others - WRIT - A No. 29113 of 2007 [2007] RD-AH 11216 (4 July 2007)


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Court No.39.

Civil Misc. Writ Petition No.  29113  of  2007.

Sushil Kumar Verma ...........Petitioner


State of U.P. and others ...........Respondents.


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to promote the petitioner as Lecturer (Economics).

Petitioner's case in the writ petition is that Committee of Management passed a resolution on 10th February, 2007 in favour of the petitioner deciding to promote him as Lecturer (Economics). The papers were forwarded to the Regional Joint Director of Education. The Regional Joint Director of Education vide his letter dated 30th May, 2007 informed the District Inspector of Schools that petitioner was appointed as Assistant Teacher on ad-hoc basis, hence his regularisation is required. Copy of the said letter dated 30th May, 2007 has been filed as Annexure-13 to the writ petition, which clearly indicates that petitioner was treated to be ad-hoc, hence no action was taken on the resolution of the Committee of Management promoting the petitioner on the post of Lecturer (Economics).

The petitioner has filed copy of his appointment order as Assistant Teacher in L.T. Grade dated 18th August, 1998 as Annexure-6 to the writ petition. A perusal of the order indicates that petitioner was appointed on temporary basis. The order refers to an order of District Inspector of Schools dated 7th April, 1998 copy of which has been filed by the petitioner along with the writ petition. The said order indicates that petitioner was selected by the Regional Selection Committee and was allocated to Sri Vidya Mandir Inter College, Hamirpur. The Regional Selection Committee made the appointment of the petitioner on ad-hoc basis in accordance with the provisions of Section 18 of the U.P. Secondary Education Services Selection Board Act, 1982. The substantive appointment of the post of Assistant Teacher in L.T. Grade is made by U.P. Secondary Education Services Selection Board. The petitioner is only an ad-hoc teacher and his services have not yet been regularised. No error was committed by the Joint Director of Education in not accepting the resolution of the Committee of Management promoting the petitioner in Lecturer grade. Unless a teacher is substantive teacher he is not entitled to be promoted in lecturer grade. The petitioner's prayer for mandamus, thus, cannot be granted.

The writ petition lacks merit and is dismissed.

Date: 4.7.2007.



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