Uttaranchal High Court: A Bench of Manoj K. Tiwari, J. while allowing the petition quashed the order of the Chief Education Officer.
In the present matter, the petitioner was a Class-IV employee, serving in a Government aided minority institution. He was appointed in the year 2002 on the post of Night Chowkidar and having been completed 17 years of continuous satisfactory service, and being the seniormost Class-IV employee, he was eligible for promotion to Class-III post of Clerk. Therefore, the petitioner through learned counsel Mr Alok Mehra, approached the Court being aggrieved by the communication of the Chief Education Officer, Almora where the petitioner was declared ineligible for promotion only on the ground that he was appointed on the post of Night Chowkidar.
The Court while quashing the said order of the respondents held that, “Promotion is governed by Statutory Rules and every candidate, who is eligible in terms of the Rules, has a Fundamental Right to be considered for promotion against available vacancies. Therefore, imposition of new condition regarding eligibility by the Chief Education Officer, which has the effect of taking away right to be considered for promotion to the petitioner, cannot be sustained”.
Respondents were further directed to consider petitioner’s claim for promotion along with other eligible persons.[Lal Singh Bisht v. State of Uttarakhand, 2019 SCC OnLine Utt 229, Order dated 07-03-2019]