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Neutral Citation No. - 2025:AHC:81385 Court No. - 38 Case :- WRIT - A No. - 25389 of 2009 Petitioner :- Deep Narayan Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Saroj Yadav Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the parties.
2. The present writ petition is filed by the petitioner with prayer to direct the respondents to promote him on the post of lecturer (Sanskrit) in Brajesh Inter College, Gulalpur, Jaunpur as also to direct the respondents to decide the petitioner's representation dated 16.01.2009.
3. As the petitioner was appointed pursuant to the selection process vide order dated 08.07.1981 in the 4th respondent Institution and his appointment was also approved by the competent authority. Subsequently, the petitioner was having qualification for
consideration to the post of lecturer. As there were certain vacancies in the Institution, 50% was meant for promotion, the petitioner made representation to the Principal as well as the competent authority.
4. The Principal vide letter dated 19.01.2009 has certified that the petitioner is eligible for consideration to the post of lecturer. In fact, the Institution has also prepared seniority list. According to the same, the petitioner is placed at Serial No.13 and he is fully qualified to be considered to the post of lecturer. Accordingly, the petitioner made several representations finally on 16.01.2009. The said representation was not considered by the competent authority. Hence, the present writ petition has been filed.
5. In reply to the said contention, the respondents have filed counter affidavit. Though they have denied with regard to vacancy position and qualification of the petitioner but they have only stated in the counter affidavit that the petitioner is only ad-hoc teacher, his services were not regularized on the post of teacher. Hence, he is not entitled for consideration under the promotional quota.
6. Considering the submissions made and on perusal of the records, it transpires that at the time of filing of this petition, as the date of birth of the petitioner is 15.07.1961, if that would be taken into consideration, the petitioner might have superannuated as of now. Therefore, in the circumstances, no cause of action survives.
7. Accordingly, the present writ petition is consigned to records.
Order Date :- 16.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad