Allahabad High Court
Ashok Shankar Parasari vs State Of U.P. And 6 Others on 25 April, 2023
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 4853 of 2023
Petitioner :- Ashok Shankar Parasari
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Durga Tiwari
Counsel for Respondent :- C.S.C.,Gautam Baghel,Rohit Pandey
Hon'ble Ajit Kumar,J.
Sri Gautam Baghel, learned counsel appearing for the Committee of Management and Ms. Shambhavi Tiwari, learned Advocate holding brief of Sri Rohit Pandey, learned counsel for the University jointly submit that under the first statute of the University there is no provision providing promotional avenue to Class - IV employee.
Petitioner has questioned the charge of regular Library Clerk given to a Class III employee working under Self Finance Scheme, by order impugned herein this petition.
He has relied upon the judgment of this Court in the case of Committee of Management, Udit Narayan Post Graduate College, Padrauna & Ors v. Regional Higher Education Officer, Gorakhpur, 2009 (59) ALR 694 in which His Lordship has further relied upon the judgment in the case of Arun Kumar Srivastava v. Deputy Director of Education, U.P., Allahabad wherein the Court observed that a post of Routine Grade Clerk as in the Kulbhaskar Ashram Degree College, Allahabad was to be filled up by way of direct recruitment as provided under the statute. This judgment has further been affirmed in special appeal being Special Appeal No. 524 of 1995 decided on 30.08.1995. The said judgment of a coordinate bench has further been relied upon by another coordinate bench of this Court in Writ - A No. 11886 of 2015 which also came to be dismissed on the ground that since the statute do not provide for promotion from Class -IV to Class - III post, which governed the field, no amount of Government Order can override the statute.
Sri Baghel also submits that the judgment which is being relied upon by learned counsel for the petitioner in the case of Roshan Lal v. State of U.P. through Secretary, Higher Education Civil Services, Lucknow & Ors passed in Writ - A No. 34458 of 2008 has not noticed the two previous judgments of the coordinate benches and also the judgment of special appeal (supra). It is further submitted by learned counsel for the Committee of Management that the petitioner is already pursuing his claim for promotion vide Writ - A No. 42009 of 2014.
In view of the above, since the petitioner is already pursuing his remedy for promotion in a pending writ petition and this second writ petition has been filed only to question the charge given to a Class - III employee in the Library as a Library Clerk who happens to be working otherwise in the Institution under the Self Finance Scheme. Even this issue no more survives to be decided as the Committee of Management has further given charge to a regular employee namely Sri Lokesh Chandra Agarwal working in permanent cadre of the Institution.
Besides above, the petitioner is just seeking promotion from Class - IV to Class - III for which purpose he is pursuing litigation before this Court. Merely on the premises that he has a chance for promotion he cannot question the charge being given to another Class - III employee of the Institution.
In such above view of the matter, I decline to interfere in this writ petition.
Petition lacks merit and is accordingly dismissed.
Order Date :- 25.4.2023
IrfanUddin
