Narayan Shukla, J. - (1.) THROUGH Writ Petition No. 7462(S/S) of 2008, the petitioner has sought promotion on the post of lecturer( Mathematics ) in the College in question with effect from 30.6.1991. Through Writ Petition No. 3460 (S/S) of 2010, the petitioner has challenged the order dated 22.2.2010, passed by the Joint Director whereby the petitioner's claim for promotion to the post of Lecturer ( Mathematics) has been rejected.
(2.) IT is stated by the petitioner that he was appointed as Assistant Teacher( C.T. Grade) in K.N. P.N. Inter College, Mourawan, Unnao on 14.8.1982. He was confirmed as Assistant Teacher on 12.6.1985. He claims that since the petitioner had been teaching Science and Mathematics in the High School classes right from the date of his appointment on the event of vacancy in L.T. Grade due to retirement of one Sri R.K. Mishra on 30.6.1990 he was permitted to teach High School classes regularly but he was not given regular promotion against the vacancy. When the effort was made to fill up the vacancy by way of direct recruitment, he approached this Court through W.P.No.1820 of 1991 but the writ petition was dismissed on 7.5.2010. Subsequently one post of Lecturer (Mathematics) fell vacant due to retirement of one Sri K.N. Kapur on 30.6.1991. The petitioner being senior most qualified teacher was assigned to teach Intermediate classes in Mathematics since July, 1991. The petitioner claims himself only a teacher of Mathematics to teach Inter classes in the Institute in question. He also claims himself fully qualified and eligible teacher and thus also claims his entitlement for payment of salary in the Lecturer grade and regular promotion as Lecturer (Mathematics). He also filed another W.P. No. 6421(SS) of 1991 for issuing direction to the opposite parties to promote him as Lecturer (Mathematics) on ad hoc basis. This Court by means of order dated 1.10.1991, passed in W.P. No. 6421(SS) of 1991 issued direction to allow him to continue in case he has been assigned to work as a Lecturer and also asked from respondent no. 1 why the salary of Lecturer grade be not paid to the petitioner. This court further opened the opposite parties to dispose of petitioner's representation pending in this regard. Meanwhile by implication of law petitioner's services in C.T. Grade were merged in L.T. Grade with effect from 12.6.1995 and he was granted L.T. Grade with effect from 19.2.1991 pursuant to the Government Order dated 24.5.2004 by means of order dated 28.12.2009, passed by the District Inspector of Schools.
(3.) THE Committee of Management also resolved in its meeting dated 4th July, 1999 to promote him on the post of Lecturer (Mathematics). The relevant documents were forwarded to the D.I.O.S. for approval of his promotion to the post of Lecturer (Mathematics). When no action was taken by the D.I.O.S., the petitioner made a representation to the Joint Director of Education, IV Region, Lucknow for redressal of his grievances.;