Neutral Citation No. - 2025:AHC:144889 Court No. - 52 Case :- WRIT - A No. - 879 of 2017 Petitioner :- Smt. Laxmi Gupta Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Yadvendra Mani Mishra Counsel for Respondent :- Bhupendra Kumar Yadav,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Y.M. Mishra, learned counsel for the petitioner, Mr. Brijesh Narayan, learned Standing Counsel and Mr. Suresh Kumar Maurya, learned counsel for respondent nos.3, 4 and 5. 2. The instant writ petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of certiorari to quash the impugned order dated 18.11.2015 passed by respondent no.4. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to treat the petitioner's promotion order dated 17.01.2009 w.e.f. 26.05.2007. (iii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.4 to provide the pay scale Rs.17140/- and other service benefits along with entire arrears to the petitioner treating her promotion w.e.f. 26.05.2007." 3. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Assistant Teacher on 09.03.2000 in Primary School Piprauli Shiv, Block Sahar, District- Auraiya. In the year 2001, she was transferred from District- Auraiya to District- Firozabad to the post of Assistant Teacher at Primary School, Shahpur, Block-Narkhi, Firozabad. The petitioner was promoted by order dated 26.05.2007 to the post of Headmaster of Primary School/Assistant Teacher of Junior High School in the pay scale of Rs.5500-175-9000/-. When the petitioner went to join at the promoted place i.e. Primary School, Garhi Sri Ram, Block-Khairgarh, District- Firozabad, it was found that the aforesaid school existed in Narkhi Block, where the post of Headmaster was not vacant as one Mauzi Ram was already working as Headmaster. On 29.05.2007, the petitioner moved an application mentioning therein that Prathmik Vidyalaya, Garhi Sri Ram is in Block Narkhi and not in Block- Khairgarh. She also submitted that as her child was small, it would be inconvenient for her to go and join at some other school. She also indicated that she never wanted promotion and requested that her promotion as Assistant Teacher in Uchh Prathmik Vidyalaya, Shahpur, Block Narkhi be considered. After the aforesaid application, she continued to work at her original place i.e. Primary School, Shahpur, Block- Narkhi, District-Firozabad. On 17.01.2009, while considering the representation of the petitioner, she was promoted and joined her duties at Junior High School, Trilokpur, Block Narkhi, District Firozabad. The petitioner, thereafter, moved an application before District Magistrate on 12.08.2015 for providing pay scale of Rs.17140/- and payment of arrears of salary. Thereafter, on 09.11.2015, respondent no.5 submitted an inquiry report to the respondent no.4, mentioning that since the petitioner was promoted on 17.01.2009, she was not entitled to the pay scale of Rs.17140/- and arrears of salary. Ultimately, on 18.11.2015, the pay scale of Rs.17140/- was denied to the petitioner by respondent no.4. The aforesaid order is under challenge. 4. Learned counsel for the petitioner submits that the order dated 26.05.2007 regarding promotion of the petitioner to the post of Headmaster, posting her at Primary School, Garhi Sri Ram, Block- Khairgarh was cryptic and required correction as there was no such school in Garhi Sri Ram, Block-Khairgarh, for which a representation was given by the petitioner, which has been rejected by the order 2 impugned without considering the fact that the fault is on the part of the respondents in promoting and posting the petitioner at a school which was not in existence. The petitioner’s promotion has to be considered from 26.05.2007 as after correction on representation of the petitioner the promotion order dated 17.01.2009 has been passed, therefore, the petitioner has to be considered as promoted on the earlier date and the pay scale of Rs.17140/- has to be paid accordingly, from 26.05.2007. There was no fault on part of the petitioner for not joining pursuant to the promotion order dated 26.05.2007 as no such school existed in Garhi Sri Ram, Block-Khairgarh, where she was sent after promotion, rather it was in Block- Narkhi where one Mr. Mauzi Ram was already working as Headmaster. Therefore, the order impugned may be set aside and benefits may be given to the petitioner from 26.05.2007. 5. Learned counsel for the respondents submits that in the representation as moved by the petitioner she has mentioned that she did not want any promotion and, therefore, on her representation the promotion order was passed in the year 2009, after which she joined as Headmaster. She is, therefore, entitled to the promotional pay scale only from that date accordingly. After her promotion on 17.01.2009 she joined the promotional post on 21.09.2009 and only those teachers who were promoted between 01.01.2006 to 01.12.2008 are entitled to the pay scale of Rs.17140/- in terms of Government order dated 18.11.2015, on the basis of which the promotion has been given to the petitioner. 6. Learned counsel for the respondents further submits that had this been a case where she claimed entitlement to the pay scale of Rs.17140/- from 2006, the order dated 17.01.2009 should have been challenged. Till date, the aforesaid order has not been challenged. The order impugned has been passed on the representation of the petitioner wherein no such relief was sought. After passing of the order 3 impugned, the ground has been taken for the first time, not mentioning the same in the representation on which the order impugned has been passed. He further submits that no representation has been made between 2009 to 2015 until the passing of the impugned order. 7. In view of above, no interference is called for. According, the writ petition is dismissed. No order as to costs. Order Date :- 22.8.2025 Rahul. 4 Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad