B.C. Kandpal, A.C.J. - (1.) THIS special appeal has beer, pre ferred against the judgment and order dated 14-08-2008 passed by the learned Single Judge in Writ Petition No. 285 (S/S) of 2007, Smt. Sushma Ghai Vs. State of Uttarakhand & others.
(2.) LEARNED counsel for the appel lants has invited our attention towards clause-I of regulation 6 of Regulations framed under the Uttar Pradesh Inter mediate Education Act, 1921, which reads as follows : "Where any vacancy in the lectur er's grade or in the L.T. grade as determined under Regulation 5, is to be filled by promotion, all teach ers working in the L.T. or the C.T. grade, as the case may be, having a minimum of five years continu ous substantive service to their credit on the date of occurrence of the vacancy shall be considered for promotion by the Committee of Management without their having to apply for the same provided they possess the prescribed minimum qualification for teaching the sub ject in which the teacher in the lec turer's grade or in the L.T. grade is required." He has submitted that on the basis of the aforesaid clause, the re spondent-Smt. Sushma Ghai could be considered for promotion only when she would have possessed minimum of five years of continuous sustentative serv ice to her credit in L.T. Grade on the date of occurrence of the vacancy i.e. 08-12-1992. Learned counsel for the re spondent has submitted that although on 08-12-1992, the respondent was not possessing minimum five years of continuous service in L.T. Grade, but she completed the requisite period of con tinuous service to her credit in the year 1997, while the proposal for the promotion was made on 27-08-2003. Therefore, the year of recruitment and the date on which the recommenda tion is made for promotion would be relevant.
(3.) LEARNED Single Judge has con sidered the provision of Rule 14 (clause-1) of the Uttar Pradesh Secondary Education Services Commission Rules, 1995 and Uttar Pradesh Secondary Education Services Selection Board Rules, 1998, which reads as follows : "Clause (1) of Rule 14 of the Uttar Pradesh Secondary Edu cation Services Commission Rules, 1995 :- Where any vacancy is to be filled by promotion all teachers working in trained gradu ates (L.T.) grade or Certificate of Teaching (C.T.) grade, if any, who possess the qualifications prescribed for the post and have completed five years continuous 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 (L.T.), grade, as the case may be, without their having applied for the same. Clause (1) of Rule 14 of the Uttar Pradesh Secondary Edu cation Services Selection Board Rules, 1998:- Where any vacancy is to be filled by promotion all teachers working in trained gradu ates grade or Certificate of Teach ing 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." On the basis of the aforesaif1 two rules, learned Single Judge came to the conclusion that a person who has completed five years continuous regular service as such on the first day of the year of recruitment shall be con sidered for promotion to the lecturer grade or the trained graduates grade, as the case may be, without their hav ing applied for the same.;