Law:

Section:

Civil service--- ----Promotion---Legality---Promotion of respondent No. 3 to the post of Senior Headmaster and posting as District Education Officer on an additional charge basis was challenged through present petition---Validity---Record showed that respondent No.3 was initially appointed as Higher School Teacher (BPS-16) and lastly as a Senior Headmaster---Record did not reflect that he was ever appointed as Education Officer (Elementary, Secondary, and Higher Secondary) to claim the post of Deputy District Education Officer---Both were in different cadres, prima facie, Higher School Teacher (HST)/Senior Headmaster could not be appointed as Education Officer for the reason that the appointment of Education Officer had been given under the recruitment rules---Even the cadre of Headmaster could not be merged in another administrative cadre---Thus, it appeared that Senior Headmaster (BPS-19) could not be posted as District Education Officer (Primary) as the post of District Education Officer (Primary) could only be filled 50% by promotion from amongst Deputy District Education Officers (BPS-18) and 50% by transfer from amongst Cadre Officers and the respondent No.3 was not a Cadre Officer---Post of Education Officer (Primary)/Elementary, Secondary, and Higher Secondary was required to be filled 50% by initial appointment through competitive examination and 50% by transfer from amongst Cadre Officers---Record did not reflect that respondent No.3 was ever appointed as Education Officer as such Senior Headmaster was not required to be posted as Deputy/District Education Officer (Primary)---Respondent No.3 had never been appointed/promoted to the post of Deputy District Education Officer (BPS-18) (Primary); and, his assignment to look after the day to day affairs of the office of the District Education Officer (Primary) was also an erroneous decision on the part of respondent-Education and Literacy Department---Primarily, mere posting of respondent No.3 as Education Officer (Primary) in 2017 did not envisage that he was appointed on the subject post and could be promoted as Deputy District Education Officer and, then allowed to look after the charge of District…

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