- (1.) Petitioner was appointed on a ministerial post in Irrigation Intermediate College, Culcutti Narora, Bulandshahar against a supernumerary post. One Sri Devi Singh Arya, working as Daftari raised a dispute that Class III substantive vacancy occurred due to retirement of one Sri Mataroo Mal Sharma was liable to be filled in by promotion and thereagainst petitioner could not have been accommodated. The said claim was upheld by District Inspector of Schools, Bulandshahar (hereinafter referred to as 'DIOS') by order dated 28.5.2011 and he also observed that petitioner, who was working on a supernumerary post, can be adjusted in the vacancy of Clerk available at Gandhi Bal Niketan Kanya Inter College, Bulandshahar. He also consequently issued an order dated 11.7.2011 (Annexure 16 to writ petition) directing Principal of Gandhi Bal Niketan Kanya Inter College to allow the petitioner to join thereat. The grievance of petitioner is that he has not been allowed to join at Gandhi Bal Niketan Kanya Inter College by the Principal whereagainst she has made several representations to DIOS and others. In these circumstances, DIOS passed an order for single operation of accounts under Section 33 of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and permitted payment of salary to petitioner on the post of Assistant Clerk from July and August, 2011 and onwards. He also observed that after payment of salary, the order of single operation shall automatically become inoperative. It is in these circumstances, it appears that petitioner has been paid salary against the post of Assistant Clerk at Gandhi Bal Niketan Kanya Inter College, Bulandshahar and on the substantive vacancy of clerk available in Irrigation Intermediate College, Culcutti Narora, Bulandshahar, Sri Devi Singh Arya has been appointed as Class III employee by order dated 22.10.2011 since the said post has already been held to be filled in by promotion.
(2.) Learned counsel for petitioner could not show any illegality in the said order and could not demonstrate that the post of Clerk at Irrigation Intermediate College, Culcutti Narora, Bulandshahar was not liable to be filled in by promotion. In the circumstances, promotion of Devi Singh Arya cannot be said to be faulty or erroneous in any manner. No interference, therefore, is called for.
(3.) Dismissed.;