SUDHIR AGARWAL,J. - (1.) HEARD Sri K.S. Mishra, learned counsel for the petitioner at great length and learned Standing Counsel representing respondents no. 1 and 2. Despite notice having been served upon respondent no. 3 neither he has filed any counter affidavit nor anyone has put in appearance on his behalf.
(2.) THE short question up for consideration is whether the petitioner was eligible for promotion to the post of Lecturer against a vacancy occurred on 30.6.1991 in Hindu Anglo Vaidic Inter College, Saharanpur (hereinafter referred to as 'College'). The petitioner was appointed as Assistant Teacher (CT Grade) in the College on 17.2.1981. Sri Mishra stated that in 1986, the cadre of CT Grade was declared a dying cadre and, therefore, he became Assistant Teacher in L.T. Grade and continued as such. On account of one Sri Shyam Dayal Srivastava, Lecturer (Geography) on 30.6.1991 a substantive vacancy on the post of Lecturer fell vacant and he, being senior most L.T. Grade Teacher, was entitled to be considered for promotion on that post, but the Management of the College informed the vacancy to the U.P. Secondary Eduction Service Selection Board (hereinafter referred to as 'Commission') so as to be filled in by direct recruitment and it is against this process of recruitment and the consequential advertisement made by the Commission for filling in the said vacancy, the present writ petition has been filed challenging the advertisement and the writ of prohibition restraining the respondents from making any ad hoc appointment in the College by direct recruitment and instead consider him for promotion and pay salary for the said post. The learned Standing counsel, however, contended that the petitioner, being not eligible for promotion to the post of Lecturer, the process of direct recruitment has validly been initiated by the respondents.
(3.) HAVING heard learned Counsel for the parties, it appears that it is the admitted case of the petitioner that he started functioning in L.T. Grade from February' 1991. Para 2 of the writ petition states as under : "2. That the petitioner was appointed as a permanent Assistant Teacher in C.T. Grade in the college on 17..2.1991. Thereafter the petitioner has been granted L.T. Grade of pay scale on account of declaration of C.T. Grade to a dying cadre. The petitioner is functioning in the L.T. Grade of pay scale from Feb. 1991." ;