Court No. - 22 Case :- SERVICE SINGLE No. - 4522 of 2010 Petitioner :- Ahmad Ali Khan And Another Respondent :- The State Of U.P. Through The Secy.Basic Education And Ors. Petitioner Counsel :- M.S.Rathore Respondent Counsel :- C.S.C.,A.M.Tripathi,J.P.Maurya Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioners and learned Standing Counsel as
well as learned counsel for the BSA.
The present petition has been filed against the seniority list dated 22.6.2010
issued by opposite party no.3.
Submission learned counsel for the petitioner is that the BSA has given only
two days further time again for filing objection in regard to the final seniority
list and for mitigating the grievances of the teachers concerned, who felt
aggrieved with the finalization of the seniority list dated 22.6.2010. It is also
submitted that two days’ time was very short and the said order dated
22.6.2010 was not circulated properly, therefore, the petitioners could not
gain knowledge in regard to the filing of the objection but as soon as the
petitioners came to know about filing of the objection, they immediately
proceeded to file objection on 25.6.2010. The said objections have not been
taken into consideration by the BSA on the ground that the objections have
been filed beyond the period of two days.
The action of the BSA in not entertaining the objections of the petitioners
does not seem to be reasonable and two days’ time was too short, in the
opinion of the Court, to be termed to be a proper opportunity to be given to
the aggrieved persons to file objection to the final seniority list dated
22.6.2010. Objections have been filed on 25.6.2010. The counseling has
taken place on 29.6.2010 in regard to the promotion. The petitioners claim is
that they were shown senior in the tentative seniority list but their earlier
services rendered have been ignored by the opposite parties with malafide
intention.
In these circumstances, this writ petition is finally disposed of with the
direction that the objections preferred by the petitioners shall be considered by
opposite party no.3 within a period of one week from the date a certified copy
of this order is produced before him and thereafter he will proceed with the
promotions in respect of which counseling has taken place on 29.6.2010.
Order Date :- 8.7.2010
RBS/-