Court No. - 18 Case :- WRIT - A No. - 40874 of 2010 Petitioner :- Shrikant Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Rahul Jain Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Learned Standing Counsel represents respondent nos. 1, 2 and 5. Sri A.B.
Singh, Advocate has accepted notice on behalf of respondent no.4.
Issue notice to respodnent no.3 fixing 23rd August, 2010 as the date.
Petitioner to take steps within a week.
All the respondents may file counter affidavit by the next date fixed.
List on the date fixed.
By means of the amendment application, which has been allowed today by the
Court, petitioner challenges the order of the District Inspector of Schools,
Deoria dated 12th July, 2010, wherein he has directed that respondent no.4 be
appointed as officiating principal of the institution, as the said respondent no.4
is senior to the petitioner.
For considering the interim stay application filed along with the present writ
petition and amendment application, it is necessary to reproduce the facts in
short.
Petitioner was appointed as L.T. grade teacher in the institution, namely,
Gyan Prakash Intermediate College, Bhaluani, District Deoria with the
approval of the District Inspector of Schools dated 8th July, 1972. The
vacancy on the post of Lecturer (History) was fallen vacant in the institution
on 1st July, 1995 due to retirement of one Ramayan Singh. The vacancy was
within the 50% quota for promotion. Petitioner being senior-most eligible
teacher in L.T. grade for such promotion was recommended to be promoted
on the said post under resolution of the Committee of Management of the
institution as per the U.P. Secondary Education Services Selection
Commission Rules, 1995 as then applicable. Approval to such substantive
promotion was required to be granted by the U.P. Secondary Education
Services Selection Board. Accordingly, the District Inspector of Schools
forwarded the papers to the Board on 1st January, 1996. Before the Selection
Board could take any decision in the matter, U.P. Secondary Education
Services Board Rules, 1998 came to be in force. Under Rules, 1998, power to
approve the substantive promotion was conferred upon the Regional Level
Committee. The Regional Level Committee ultimately under an order 12th
February, 1999 approved the substantive promotion of the petitioner.
Petitioner is working as Lecturer on substantive post since then.
In between when no formal orders of approval was still awaited, the District
Inspector of Schools passed an order for ad hoc promotion of the petitioner
and granted financial approval thereto under order dated 19th January, 1996.
Petitioner is working and drawing salary as Lecturer since then.
Respondent no.4 was granted ad hoc promotion against a short term vacancy,
which was caused in the institution due to officiating appointment as Principal
of the senior most Lecturer (Hindi) of the institution, namely, Narmadeshwar
Prasad Srivastava. The vacancy stood converted into substantive vacancy on
the retirement of Narmadeshwar Prasad Srivastava on 30th June, 2000.
However, the respondent no.4 is stated to have continued as Lecturer even
after the change in the nature of vacancy. The vacancy is to be filled by direct
recruitment. Till date the U.P. Secondary Education Services Selection Board
has not recommended any candidate for appointment as Lecturer (Hindi) nor
it is known as to whether the vacancy has been requisitioned by the
Committee of Management to the U.P. Secondary Education Services
Selection Board or not.
In the aforesaid factual background it is to be examined as to whether the
petitioner is senior to respondent no.4 or not.
The issue of delay in approval of promotion under Rule 14 of the U.P.
Secondary Education Services Selection Board Rules, 1998 and consequent
impact on seniority has been subject matter of consideration by this Court in
Civil Misc. Writ Petition No. 36245 of 2004 (Santosh Kumar Dubey & Anr.
versus State of U.P. & others) and other connected writ petitions decided on
13th October, 2009. It has been held that where there is inordinate delay on
the part of the approving authorities in consideration of the substantive
promotion of a teacher concerned, his right to be treated to have been
substantively promoted from the date the resolution of the Committee of
Management was passed, or at least from the date when the statutory period
of three months prescribed under the Rules, 1998 expires cannot be denied.
Moreover, the petitioner is a substantively appointed Lecturer, while the
respondent no.4 still continues as ad hoc lecturer only.
In view of the aforesaid, the petitioner has made out a prima facie case for
grant of interim order.
Till the next date of listing, operation of the order of the District Inspector of
Schools dated 12th July, 2010 shall remain stayed. All necessary action shall
be taken accordingly.
(Arun Tandon, J.)
Order Date :- 16.7.2010
Sushil/-
Court No. – 18
Civil Misc. Amendment Application No……..of 2010
In
Case :- WRIT – A No. – 40874 of 2010
Petitioner :- Shrikant Singh
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Rahul Jain
Respondent Counsel :- C. S. C.
Hon’ble Arun Tandon,J.
Heard learned counsel for the applicant.
This application is allowed.
Let Sri Vikram Singh and Joint Director of Education, Gorakhpur Division,
Gorakhpur be impleaded as respondent nos. 4 and 5 during the course of the
day.
Other amendments may be carried out within one week.
(Arun Tandon, J.)
Order Date :- 16.7.2010
Sushil/-