Mithilesh Soni vs State Of U.P. & Others
2012 Latest Caselaw 58 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 14098 of 2012
 

 
Petitioner :- Mithilesh Soni
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Shiv Kumar Singh,Ajay Bhanot
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Learned Standing Counsel on instructions from the Regional Director of Education, Jhansi Region, Jhansi, informs the Court that in view of the Government Order of 1977, whatever may have been the number of teachers actually appointed in the institution before it was taken in the grant-in-aid list for imparting education for classes 11th and 12th in the subject of English, only one post of Lecturer (English) would remain as per the manak fixed by the G.O. It is stated that the second post of Lecturer (English) would not remain available after the retirement of the earlier incumbent.  Therefore, the entire claim of the petitioner for promotion against the second post cannot be accepted.

Mr Ajay Bahnot on behalf of the petitioner states that the all the facts stated by the learned Standing Counsel are not borne out from the record and that from the order of the Regional Director of Education, Jhansi Region, Jhansi, it is apparent that there were two posts of Lecturer (English) in the institution.

The Regional Level Committee has only recorded that as per the Financial Survey Report, 14 posts of lecturer can be said to be created; out of which, two would be in the subject of English. The order does not take note of the G.O. of the year 1977. It is admitted on record that there is no order creating post of Lecturers  referable to Section 9 of U.P. Act No. 24 of 1971 and, therefore, the G.O. of 1977 would hold the field. In this set of facts and circumstances, it would be proper that the petitioner may be permitted to represent her case before respondent no. 3, Joint Director of Education, Allahabad, in the first instance.

Accordingly, the present writ petition is disposed of with liberty to the petitioner to make a representation, along with a certified copy of this order, ventilating all the grievances before the aforesaid respondent within two weeks from today. On such a representation being made, the said respondent shall call for the records and shall pass a reasoned and speaking order, preferably within eight weeks thereafter.

Order Date :- 9.4.2012

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