UMA NEGI Vs. STATE OF UTTARAKHAND AND ORS.
LAWS(UTN)-2013-12-42
HIGH COURT OF UTTARAKHAND
Decided on December 24,2013

Uma Negi Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

Alok Singh, J. - (1.) CHIEF Education Officer, Almora got issued one advertisement dated 03.04.2013, annexure -3 to the writ petition, inviting applications from the Assistant Teachers who were appointed between the year 2002 to 2005 for the consideration of the promotional post of Assistant Teacher in Junior High Schools and Head Master of Primary Schools. Petitioner who was appointed as Assistant Teacher, Primary School in the year 1999 has preferred present writ petition challenging the condition that only those Assistant Teachers who were appointed between 2002 to 2005 are to be considered for the promotion. On being asked as to why petitioner and similarly situated other Teachers who were appointed prior to 2002 were excluded from the zone of consideration of promotional post of Assistant Teacher and Head Master Primary School. Mr. Subhash Upadhyaya, learned Standing Counsel submitted that since petitioner was offered promotion on 22nd June, 2011, vide annexure No. 2 to the writ petition, to the post of Assistant Teacher Junior High School and petitioner failed to give joining, therefore, as per Rule 19(6) of Uttarakhand Government Primary Education (Teachers) Service Rules, 2012, the teacher who has refused to accept the promotion shall not be considered for promotion for next three years. Therefore, petitioner is outside the zone of consideration and has no locus to challenge the advertisement.
(2.) I have heard Mr. Bhagwat Mehra, learned counsel for the petitioner and Mr. Subhash Upadhyaya, learned Standing Counsel for the State.
(3.) AS per Rule 19(6) of Rules, 2012, if any teacher fails to give joining on the promotional post, he shail not be considered for promotion for next three years. This Court had occasion to deal with definition of promotion in Writ Petition No. 724(SS) of 2013, Nandan Singh Vs. State of Uttarakhand and another, decided on 20.12.2013 and has held that temporary promotion cannot be equated with permanent promotion. Therefore, refusal of temporary promotion shall not de -bar the employee from getting benefit of promotional pay scale or selection grade. Perusal of Annexure 2 to the writ petition would reveal that petitioner and others were given offer of purely temporary promotion to the post of Assistant Teaches Junior High School. Temporary promotion, in my considered view, shall not create any lien on the promotional post, therefore, refusal to accept temporary promotion shall not attract Rule 19(6) of the Rules, 2012.;


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