A.P.SAHI, J. - (1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) THE challenge is to the order dated 7.8.2004 communicated by the Joint Director of Education whereby the claim of the promotion of the petitioner as Lecturer in Economics has been turned down on the ground that the petitioner has not completed 5 years of continuous regular service on the date of occurrence of vacancy and, as such, the petitioner is not entitled to be promoted. The relevant Rules for the purposes of examining the validity of the order is Rule 14 of the U.P. Secondary Education Services Selection Board Rules, 1998, which is quoted herein below : "14. Procedure for recruitment by promotion. - Where any vacancy is to be filled by promotion all teachers working in trained graduates grated or Certificate of Teaching grade, if any, who possess the qualifications prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the lecturers grade or the trained graduates grade, as the case may be, without their having applied for the same."
(3.) THE petitioner was undisputedly appointed on ad hoc basis against a substantive post on 4.8.1993. This appointment was approved by the competent authority on 31.1.1994. The petitioner has been regularly and continuously discharging her duties as a Teacher in LT grade since the date of her aforesaid appointment and approval. The petitioner's appointment was considered for Regularization under the provisions of Section 33-C of the U.P. Secondary Education Services Selection Board Act, 1982 and an order was passed on 23.5.2002, copy whereof has been filed as Annexure-3 to the writ petition, whereby the petitioner's services were regularized and she was appointed in substantive capacity with effect from the said date on probation of one year. A perusal of the order dated 23.5.2002 establishes the facts narrated hereinabove.;