Rajesh Kumar Dubey vs State Of U.P. And 3 Ors
2023 Latest Caselaw 7398 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 49654 of 2014
 

 
Petitioner :- Rajesh Kumar Dubey
 
Respondent :- State Of U.P. And 3 Ors
 
Counsel for Petitioner :- V.B. Khare,A.K. Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

Petitioner has approached this Court challenging the order dated 19.05.2014 whereby he has been promoted from the post of Assistant Teacher to the post of Lecturer.

Learned counsel for the petitioner submits that by the said order petitioner is given promotion with effect from the date of order/from the date of joining and not with effect from the date he became entitled for promotion. For the said purposes, learned counsel for the petitioner relied upon the Division Bench judgment of this Court passed in case of 'Firangi Prasad Vs. State of U.P. and Others' reported in (2011) 2 UPLBEC 987.

A bare perusal of the said judgment shows that the same is with regard to regularization of teachers under Section 33-C of U.P. Secondary Education Service Selection Board Rules, 1982. The principles for regularization are entirely different with the principles of promotion. In regularization, a person is regularized on the post in which he was already working and performing the same duties, while in promotion nature of work stands changed. In the present case, petitioner is promoted from the post of Assistant Teacher to the post of Lecturer. He is to perform different services after promotion.

Learned counsel for the petitioner fairly concedes that the rules of promotion itself provide that he would be entitled for promotion from the date of joining. Thus, the judgment of the Firangi Prasad case (supra) is not applicable to the facts of the present case.

Hence, the writ petition has no force and the same is dismissed.

Order Date :- 14.3.2023

Arti/-

[Vivek Chaudhary,J.]