IQBAL AHMAD, ASSISTANT TEACHER v. DISTRICT INSPECTOR OF SCHOOLS, ALLAHABAD
2002-08-27
RAKESH TIWARI
body2002
DigiLaw.ai
RAKESH TIWARI, J. ( 1 ) HEARD the learned counsel for the petitioner and the learned Standing counsel and perused the records. ( 2 ) MAJIDIA Islamia Liter College, allahabad (herein after called as the institution ). It is a minority institution and is recognized under the U. P. Intermediate education Act. ( 3 ) THE petitioner was appointed in c. T. grade in the Institution on 17. 7. 1972 for teaching English subject. One Noor ahmad Khan L. T. grade teacher, who was teaching the same subject to High School classes, went on long leave and thereafter resigned from his post in the year 1977. ( 4 ) UNDER Regulation 6 of Chapter-II of the Regulations framed under U. P. Intermediate Education Act, a teacher, who is working in C. T. grade and having put in five years continuous substantive service, is entitled for promotion, provided he possesses prescribed minimum qualification for teaching the subjects required in L. T. grade. ( 5 ) THE qualification for teaching english as a subject in High School classes is that the teacher should be trained and possesses Bachelor of Arts degree with English Literature as a subject. It is alleged that the petitioner is a trained teacher and B. A. with English literature, History, Economic and general English as subjects and as such he is fully qualified for being promoted in l. T. grade teacher under Regulation 6 of the Regulations in clear vacancy, which had occurred on account of resignation of permanent incumbent Noor Ahmad in the year 1977. ( 6 ) IT is submitted that papers of the petitioner were sent for approval of his appointment in L. T. grade to the D. I. O. S. in the month of July, 1977, but the approval was not granted on the pretext that the Institution was not having requisite strength of students. However, the petitioner was continued by the management to teach High School classes in English subject. ( 7 ) IN the mean time, one Ale Ahmad abdi, who was also a permanent L. T. grade teacher and was teaching English in high School classes, was promoted on the post of Lecturer in the year 1982 causing a substantive vacancy in L. T. grade.
( 7 ) IN the mean time, one Ale Ahmad abdi, who was also a permanent L. T. grade teacher and was teaching English in high School classes, was promoted on the post of Lecturer in the year 1982 causing a substantive vacancy in L. T. grade. ( 8 ) THE grievance of the petitioner by means of the present writ petition is that though he was entitled for promotion in l. T. grade, but due to delay in the matter by the respondents, he has been deprived of the promotion. The petitioner filed the present writ petition for a direction in the nature of mandamus directing the respondents to promote the petitioner in l. T. grade. The writ petition was admitted and notices were issued to the respondents on 7th September, 1988. ( 9 ) DURING the pendency of the writ petition, a Government Order was issued in the year 1989 by which C. T. grade was declared as dying cadre and it was provided in the G. O. that on completion of ten years service in C. T. grade, a teacher will become entitled for promotion in L. T. grade automatically. In view of the G. O. dated 3. 2. 89 this Court by an interim order dated 3. 2. 89 directed the Management of the Institution to pay the salary to the petitioner in L. T. grade with effect from 1982. The interim order dated 3. 2. 89 is quoted below: "in respect of the fact that time was granted to the respondents to file a counter affidavit. No counter affidavit has been filed till this date. The respondents are directed to pay to the petitioner the salary of L. T. grade since 1982. The entire amount is to be paid within a period of two months from today. The future salary of the petitioner shall also be paid by 7th of succeeding month. Sd/- Hon. M. P. Singh, J. 3. 2. 89" ( 10 ) IN view of the interim order passed by this Court, the question regarding promotion in L. T. grade has thus become redundant. ( 11 ) IT is submitted that during the pendency of the writ petition, one A. H. Siddiqui, a permanent Lecturer, retired on 30. 6. 1995 again causing vacancy on 1. 7. 1995 and further that the Committee of Management by resolution dated 15. 7.
( 11 ) IT is submitted that during the pendency of the writ petition, one A. H. Siddiqui, a permanent Lecturer, retired on 30. 6. 1995 again causing vacancy on 1. 7. 1995 and further that the Committee of Management by resolution dated 15. 7. 95 has recommended the name of the petitioner for promotion in Lecturer grade. The Committee has also submitted/forwarded all the relevant papers to the D. I. O. S. Allahabad for approval of his appointment. ( 12 ) A counter affidavit has also been filed on behalf of D. I. O. S. Allahabad, in which it has been stated that there is no doubt that the Management has power to promote the petitioner which does not have any concern with the D. I. O. S. There is no denial in the counter affidavit that the post of Lecturer is to be filled only by way of promotion and the petitioner is only a qualified teacher to be promoted in lecturer grade. ( 13 ) HOWEVER, respondent no. 1, the district Inspector of Schools did not pass any order on the papers for approval for promotion of the petitioner in Lecturer grade. He, on the other hand, asked the management that since the matter for promotion is pending in the writ petition, the orders ought not to have been passed. ( 14 ) IN view of the facts stated above, the writ petition succeeds and is allowed. The District Inspector of Schools is directed to pass appropriate orders on the papers in respect of the petitioner sent to him for approval of the promotion of the petitioner in pursuance of the resolution of the Committee of Management dated 15. 7. 95 recommending the promotion of the petitioner in Lecturer grade, within a period of two months from the date of production of a certified copy of this order. No order as to costs. .