Ashok Kumar Tiwari vs State of U.P. and Others

This special appeal is directed against the judgment and order dated 07.12.2000 passed by the learned Single Judge in Civil Misc. Writ Petition No. 62014 of 2000, dismissing the writ petition preferred by the writ petitioner-appellant.

We have heard learned Counsel for the parties.

The learned Single Judge recorded a finding that at the relevant time, two posts have been filled in by promotion and the appellant was appointed against the post meant for promotion and this was not pointed out to the District Inspector of Schools.

The grievance of the appellant herein is that one of the posts was filled in earlier by direct recruitment against compassionate appointment and that ought to be filled in by promotion and not by direct recruitment.

There are four sanctioned posts in the cadre. According to Regulation 2(2) of Chapter III of the U.P. Intermediate Education Act, 1921, 50% of the posts have to be filled up by promotion.

We find that one Sri Om Prakash Tiwari was promoted as Head Clerk from the post of Assistant Clerk. Sri Om Prakash Tripathi was appointed by direct recruitment. Sri Narayan Swaroop was appointed on compassionate basis and is not a party to this proceeding. The writ petitioner-appellant herein was also appointed by direct recruitment and his appointment was challenged by Sri Bhagwat Sharan Tiwari, who claimed that he was entitled to be promoted. The appointment of the writ petitioner was beyond the percentage as provided for in the rules.

Considering this aspect, we find no infirmity in the order passed by the learned Single Judge and consequently, the appeal is dismissed.