Jagannath Prasad vs State Of ...
2022 Latest Caselaw 1486 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 173 of 2022
 

 
Appellant :- Jagannath Prasad
 
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Edu.Lko.And Others
 
Counsel for Appellant :- Shrawan Kumar Verma
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard Sri S.K. Verma, learned counsel for the appellant, learned State Counsel representing the respondent No.1 and Sri Raj Kumar Singh Suryvanshi, learned counsel representing the U.P. Secondary Education Service Selection Board.

We have also perused the record available before us on this Special Appeal.

Under challenge in this Special Appeal is the judgment and order dated 30.03.2022, passed by the learned Single Judge in Writ-A No. 1775 of 2022, whereby the writ petition filed by the appellant-petitioner has been dismissed.

The writ petition before the learned Single Judge was filed by the appellant-petitioner with the prayer to cancel the placement order of respondent No.6 against the post of Lecturer (English) in B.N. Inter College, Bhagwant Nagar, Hardoi. Challenge to the placement order of respondent No.6 was made by the appellant-petitioner on the ground that his claim for promotion to the post of Lecturer, though, has been rejected, however, the rejection order is the subject matter of Writ Petition No.29965(SS) of 2021 and in case the respondent No.6 is allowed to submit his joining in the institution, his claim will be prejudiced and defeated.

Respondent No.6 after having been duly selected by the U.P. Secondary Education Service Selection Board has been placed to be appointed as Lecturer in English in the institution concerned.

Admittedly, the claim of the appellant-petitioner for promotion to the said post has been rejected which though is subject matter of challenge before this Court in Writ Petition No. 29965(SS) of 2021. Learned Single Judge in the judgment and order under appeal herein has recorded a finding that as against 11 posts of Lecturers in the institution, 7 posts are already filled up by way of promotion and only 4 posts by direct recruitment. Further finding recorded by the learned Single Judge is that the post of Lecturer in English was earlier occupied by a direct recruit, namely, Sri Yogendra Singh who is said to have retired, therefore, a candidate selected by the Board has been sent for joining on the said post. In this view, inference drawn by the learned Single Judge is that in such a fact situation, the appellant-petitioner cannot have any grievance.

The reason indicated in the impugned judgment is that the posts on which the recruitment can be made by way of promotion cannot exceed 6 which in this case has already exceeded as admittedly there are 7 Lecturers working on their respective posts having been promoted.

The aforesaid factual position is not being disputed by the learned counsel for the appellant-petitioner, who has only stated that his claim for promotion is pending consideration in Writ Petition No. 29965(SS) of 2021.

In our considered opinion, pendency of the aforesaid writ petition would have no bearing so far as the rights of respondent No.6 to be appointed and issued appointment order and acceptance his joining in the institution is concerned. We are in full agreement with the reasoning recorded by the learned Single Judge while dismissing the writ petition by means of judgment and order dated 30.03.2022.

We do not see any good reason to interfere in the said judgment and order passed by the learned Single Judge.

The Special Appeal, thus, being highly misconceived, is hereby dismissed.

Order Date :- 26.4.2022

Sanjay