Allahabad High Court
Govind Singh vs Joint Director Of Education And ... on 16 November, 2017
Bench: Amreshwar Pratap Sahi, Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- SPECIAL APPEAL No. - 856 of 2011
Appellant :- Govind Singh
Respondent :- Joint Director Of Education And Others
Counsel for Appellant :- Pankaj Kumar,Kripa Shanker Singh,Vivek Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Saral Srivastava,J.
Heard Sri Kripa Shanker Singh learned counsel for the appellant and the learned Standing Counsel for the respondent nos. 1 to 4.
The learned Single Judge, in this case has dismissed the writ petition filed by the appellant on the ground that the claim of the appellant for promotion as Lecturer in Economics cannot be considered, as after adjustment and reduction of the number of the post in the Institution to seven, there was no posts available against which the appellant could be considered for promotion.
The challenge raised in this appeal is that the said calculation of only 7 posts being available is an erroneous assumption of fact that was based on an incorrect information supplied in the counter affidavit filed by the State in the shape of an information tendered under the Right to Information Act. The said information dated 18.06.2007 is Annexure 1 to the counter affidavit filed by Onkar Singh Principal Government Intermediate College Bijnor on behalf of the respondent State.
Learned counsel for the appellant submits that the information completely over looks the further intimation given by the Finance and Accounts Officer to the District Inspector of Schools dated 12th November 2008, that was filed along with a rejoinder affidavit before the learned Single Judge. In addition thereto the letter of the District Inspector of Schools to the Regional Joint Director Education dated 22nd October 2008, also explained the said position with the aid of the letter of Director of the Education of 04th June, 2008. Learned counsel submits that the letter of the Director of Education dated 04th June 2008 is in suppression of all earlier communications which categorically records that the strength of lecturers in the Institution is 10, and on erroneous figure had been given earlier. The said letter even though finds mention in Annexure 5 to the rejoinder affidavit, yet the same does not appear to have been placed on record. A copy of the said letter has been shown to us and it would be appropriate that the said letter is filed along with an affidavit in the present appeal as a supporting document in aid of the letter dated 22.10.2008 which is already on record.
It is also the submission of the learned counsel for the appellant that the reduction in number of posts cannot be merely on the basis of a survey report but has to be followed by an appropriate order abolishing the post by the Director of Education who is the authority competent to sanction the same, as provided for under the Uttar Pradesh High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971. The post has not been abolished either by the Director or by the State Government.
Let an appropriate affidavit be filed along with the said letter within a week. A copy of the same shall be served on the learned Standing Counsel who may within one week, thereafter, file a response to the letter dated 04th June 2008 which is already on record in the Special Appeal No. 919 of 2011 as also to the affidavit.
The reply shall be filed by the next date fixed.
List immediately after two weeks.
Order Date :- 16.11.2017
Ishan
