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Allahabad High Court
Amrendra Vikram Kumar vs State Of U.P. & Others on 19 January, 2010
Court No. - 18

Case :- WRIT - A No. - 1776 of 2010

Petitioner :- Amrendra Vikram Kumar
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Smt. Manju R. Chauhan
Respondent Counsel :- C.S.C.,K.S. Kushwaha

Hon'ble Pankaj Mithal,J.

Heard Smt. Manju R. Chauhan, learned counsel for the petitioner,
learned Standing Counsel for respondent Nos. 1, 3 and 4 and Sri
K.S. Kushwaha, for respondent No.2.

By means of this writ petition, the petitioner has prayed that a writ
in the nature of mandamus be issued directing respondent No.4 to
grant him seniority from the year 1999 and all consequential
benefits and to decide his representation dated 15.6.2009
(Annexure 21 to the writ petition).

A perusal of the aforesaid representation indicates that the
petitioner was selected for Special B.T.C. Course in the year 1999
in pursuance to the advertisement issued in 1998. He completed
the said course in 2005. Thereafter he was appointed as Assistant
Teacher in Primary School on 6.1.2006.

In view of the fact that the petitioner was admittedly appointed as
Assistant Teacher in Primary School on completion of his Special
B.T.C. Course on 6.1.2006, he is not entitled for any seniority or
consequential benefits w.e.f. the year 1999. His seniority is to be
determined from the date of his appointment/joining only. The
delay, if any, in the completion of the course, if attributable to the
respondents, the same may be a ground for claiming
compensation/damages but not for determining his seniority and
other benefits in service.

In view of the above, the writ petition is dismissed with liberty to
the petitioner to take re-course to the remedy, if any, available to
him under law.

Order Date :- 19.1.2010
S.S.


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