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Surya Nidhan Pal v. State Of U.P. & Others - WRIT - A No. 14115 of 2007  RD-AH 4715 (16 March 2007)
Court No. 39
Civil Misc. Writ Petition No.14115 of 2007
Surya Nidhan Pal
State of U.P. and others.
Hon'ble V.K. Shukla,J.
Petitioner has approached this court questioning the adjustment of Suresh Chandra, who is Assistant clerk at Lal Chandra Inter College, Jasra, District Allahabad. In the district of Allahabad there is recognized institution, known as Hari Shankar Pandey Inter College, Lalapur, District Allahabad. Said institution in question is duly recognized institution and affairs of the same is to be run and managed strictly in consonance with the provision as contained under U.P. Intermediate Education Act, 1921 and Regulations framed there under. Petitioner claims that he was appointed in the institution concerned on 16.5.1999. Petitioner has contended that there are three sanctioned posts of clerk including the post of Head clerk. Permanent Head clerk Akhilesh Kumar Pandey retired on 31.3.2003 and as such Vikram Singh Assistant Clerk was promoted as head clerk. Post of Vikram Singh, which had fallen vacant as Assistant clerk, same was filled up by way of promotion of Chandra Nidhan Pandey. One Sri Krishna Pandey also retired on 31.10.2006 as Assistant clerk. Petitioner submits that by virtue of being senior most class IV employee, he is entitled to be promoted and as such vacancy in question could not have been filled up by adjusting Suresh Chandra.
On the basis of material, which has come on record, the factual position, which is emerging is that qua three post of clerk, which is inclusive of the post of head clerk, two post under 50% quota prescribed under Chapter III Regulation II of U.P. Intermediate Education Act, 1921 stands filled up by way of promotion by promoting Vikram Singh as Head clerk and Chandra Nidhan Pandey as Assistant Clerk and as such last vacancy, which has occurred on 31.10.2006, by no stretch of imagination, can be filled up by way of promotion and has to be filled up by way of direct recruitment. Suresh Chandra has been functioning against supernumerary post and as such without infringing promotional quota, he has been sought to be absorbed in the petitioner's institution in consonance with the provision as contained under Regulation 101 to 107 of Chapter III of U.P. Act No. 2 of 1921. Consequently, claim of petitioner for being promoted lacks substance, as post in question falls within direct recruitment quota, and has been filled up by way of adjustment of an incumbent working against supernumerary post.
Consequently, writ petition lacks substances and same is dismissed.
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