- (1.) Heard learned counsel for the parties. This is a case relating to the claim of promotion of the petitioner as Assistant Clerk in Higher Secondary School, governed by the provision of U.P. Intermediate Education Act, 1921. The undisputed facts are that the post of Head Clerk is vacant. One post of Assistant Clerk has already been filled up by way of direct recruitment of one Akhilesh Kumar. One Prem Shankar Mishra was already promoted as Assistant Clerk against another post from a class IV category.
(2.) Thus, the post of Head Clerk was available by way of promotion but no clerk of the institution, namely, Akhilesh Kumar or Prem Shankar Mishra were eligible for being considered for promotion as they have not completed five years of continuous substantive service as required under Chapter III Regulation 2 of the regulation framed under the U.P. Intermediate Education Act, 1921.
(3.) The petitioner contends that the post of Head Clerk could be occupied by any person who otherwise is eligible for promotion from class IV category. In the opinion of the court, a class IV employee cannot be directly promoted as Head Clerk, inasmuch as the regulation clearly provides for promotion from one grade to the next grade and reasonably construed it means that the post of Head Clerk has to be filled up by way of promotion from amongst the Assistant Clerks of the Institution who have put in five years of service.;