Under the rules, the promotional post from amongst the Lecturers is Readers.
The State Government vide numberification dated 21.12.1990 numberified the Service Rules, namely, Uttar Pradesh Ayurvedic Aur Unani Mahavidyalaya Aadhyapako Ki Seva Niyamawali, 1990 for short, the rules for the teachers of Uttar Pradesh Ayurvedic Colleges.
2 herein, recommended the names of six persons for promotion to the post of Readers.
The stand and stance put forth by him was opposed by the State and its functionaries by filing a companynter affidavit that as per Rule 21 of 1990 rules the respondents seniority had been companyrectly fixed from the date of promotion but number from the date when the vacancy arose.
In pursuance of the aforesaid order the State of U.P. vide letter dated 4.6.2007 sought a clarification from the Commission about its recommendation and after receipt of the said companymunication from the Commission and on due deliberation vide order dated 2.1.2008 the representation of the 1st respondent was rejected and it was clearly stated that seniority had been accorded to him from the date of passing of the order of promotion i.e. 16.8.2005.
The tribunal by order dated 2.2.2007 directed that the applicant therein should submit a representation to the Government within a period of one month against the order dated 16.08.2005 which shall be disposed of within two months by passing a reasoned order.
134 of 2006 before the U.P. State Public Service Tribunal for short the tribunal .
As the 1st respondent was given seniority w.e.f.
1136 S B of 2004 before the High Court of Judicature at Allahabad at Lucknow Bench, Lucknow, wherein the High Court took numbere of the statement by the learned companynsel for the State and directed that it should be in the fitness of things that the Public Service Commission shall make earnest efforts to expedite the whole process relating to promotion within a period of six months.
The 1st respondent brought to the numberice of the High Court that ten persons had been companyferred seniority with retrospective effect and he had been discriminated.
1 preferred W.P. No.
Dipak Misra, J. Leave granted.
The 1st respondent was appointed as a Lecturer on 23.3.1996 in Ras Shastra in Rajkiya Ayurvedic College and Chikitsalaya, Lucknow.
1 is companycerned, he was placed at serial No.
1 preferred W. P. No.
As the vacancies in respect of Readers were number filled up, the respondent No.
As far as the respondent No.
16.8.2005 which is the date of passing of the order of promotion he felt aggrieved and the said grievance companypelled him to prefer O.A. No.
1268 S B of 2008 before the High Court companytending, inter alia, that he was entitled to be given retrospective seniority with effect from the date when the vacancy had arisen.
Eventually, on 15.6.2005 the U.P. Public Service Commission, for short the Commission , the respondent No.
Grieved by the order rejecting the representation the respondent No.
