A. K. Yog, J. - (1.) -Heard Sri G. K. Singh, Advocate, on behalf of the petitioner and learned standing counsel, Sri Ajay Bhanot on behalf of the respondents and perused record of the case.
(2.) THE petitioner, Sarvajeet Singh Shastri, was working as Assistant Teacher (L.T. grade) in a recognized Intermediate College ; namely Gandhi Smarak Inter College, Sahabganj, Varanasi (called the College). He claims to satisfy all requisite qualifications/conditions for being promoted on the post of Lecturer in the college since he possessed M. A. Degree with B.Ed. and also 'Shastri' Degree from Government Sanskrit College, the erstwhile Kashi Vidya Peeth, Varanasi and is fully eligible for being promoted on the post of Lecturer (Hindi). There is no dispute that provisions of U. P. Intermediate Act, 1921 (as amended up to date), 'Regulations' framed thereunder and U. P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971, and U. P. Secondary Service Commission Act, 1982, are applicable to the college in question. A short-term vacancy occurred on the post of Lecturer (Hindi) since the incumbent on the said post was given ad hoc promotion on the post of Principal. The petitioner submitted his claim against aforesaid short-term vacancy.
(3.) IT appears that initially one Ram Pal Singh, an Assistant Teacher, who was senior to the petitioner, was promoted against aforementioned post of Lecturer (Hindi) on 21.6.1996 and District Inspector of Schools accorded approval to it on May 21, 1997. Being aggrieved petitioner filed an appeal before respondent No. 2, Deputy Director Education (Madhyamik), V Region, Varanasi and said appeal was allowed which gave cause of action to the aforementioned Ram Pal Singh who filed Writ Petition No. 10308 of 1998 which was disposed of with the direction to approach Director of Education. Director of Education on being approached by aforesaid Ram Pal Singh rejected his claim but made observations against petitioner also vide order dated 20.5.1998. Petitioner, initially filed representation before the concerned authority but nothing being done, he filed Writ Petition No. 29209 of 1998 which was again disposed of with the direction to the concerned authority (namely Director of Education (Secon-dary), U. P.) to decide the representa-tion of the petitioner within a period of two months from the date of produc-tion of a certified copy of the order and that is how the representation of the petitioner came up for considera-tion before the concerned authority/ respondent No. 2 who rejected it vide impugned order dated 29.12.1999/ Annexure-1 to the writ petition.;