V.N. Khare, J. - (1.) Petitioner was appointed as teacher in the institution known as Shri Krishna Gita Rashtriya Inter College, Lalganj (Azamgarh) on 9th of September, 1961. A vacancy in Lecturer's grade in the subject of History occurred, and the petitioner being the senior-most teacher in L.T. grade became entitled to be considered for promotion against the said vacancy. The Committee of Management of the aforesaid institution passed a resolution on 20-7-1986 resolving to promote the petitioner to Lecturer's grade. However, the proposal for promotion was not sent to the District Inspector of Schools prior to 19-9-1986 when the vacancy was notified under the provisions of Section 18 of the Uttar Pradesh Secondary Education Service Commission and Selection Boards Act, 1982. However, the petitioner reached the age of superannuation on 30-9-1986. It appears that after the petitioner reached the age of superannuation, the District Inspector of Schools took decision on the matter of promotion of the the petitioner to Lecturer's grade. Since the District Inspector of Schools found that the petitioner had already reached the age of superannuation, he directed the Committee of Management of the institution to consider afresh the name of the senior most candidate for promotion to Lecturer's grade in the subject of History. On 6-2-1987, the District Inspector of Schools accorded approval to the promotion of respondent No. 3. It is against this order that the petitioner has come up before this court by means of this writ petition under Article 226 of the Constitution.
(2.) Learned Counsel for the petitioner urged that the petitioner was the senior most teacher in the institution and in fact he was promoted to Lecturer's grade by the Committee of Management on 20-7-1986 but the resolution was not sent to the District Inspector of Schools within time, and since the District Inspector of Schools did not take decision in the matter within time, the petitioner shall be deemed to have been promoted. Learned Counsel for respondent No. 3 urged that since the vacancy was notified on 19-9-1886, therefore there was no occasion for the consideration of the petitioner's name for promotion to Lecturer's grade, and therefore the impugned order need not be disturbed.
(3.) We are not in agreement with the contention raised by the learned Counsel for respondent No. 3. Though the petitioner reached the age of superannuation on 30-9-1966 but he continued in service till 30-6-1987, meaning thereby that he was entitled to be considered for promotion by the Committee of Management after the date of the notification of the vacancy. Since the petitioner, under the Law, was entitled to be promoted, we hold that the District Inspector of Schools wrongly refused to accord his approval to the promotion of the petitioner to Lecturer's grade. We, therefore, without disturbing the impugned order, dated 6-2-1987, direct that the petitioner shall be deemed to have been promoted to Lecturer's grade with effect from 19-9-1986 and continued in the said grade till his retirement on 30-6-1987. Respondent No. 3 shall be entitled to the benefits of his promotion from the 1st of July, 1987. With the above directions, this writ petition stands disposed of. Decided accordingly.;