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Ram Prasad Gupta v. State Of U.P. And Others - WRIT - A No. 36308 of 2007 [2007] RD-AH 14261 (20 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Sri Jagdish Singh appears for respondent No. 4. Learned standing counsel appears for respondents  No. 1 and 2.  Petitioner is permitted to serve respondent no. 3 personally. Dasti notices be issued within three days. Notice be served within a week.

The petitioner's case in the writ petition is that  the petitioner has been working as officiating Principal  from 10th August, 2006 and signatures were attested treating him seniormost. By the impugned order dated 12.7.2007 the respondent no. 4 has been treated to be seniormost  teacher on the basis of the interim order dated 3.8.2006 passed in writ petition No. 41759 of 2006.  Petitioner's case is that the petitioner was appointed in L.T. grade  by the appointment order dated 3.7.1979 and by  same order the respondent no. 4 was appointed in C.T. grade. Learned counsel for the petitioner contended that no post  in lecturer grade  is created in the institution.  Learned counsel for the respondent no. 4 further submitted that the the respondent no. 4 has been granted the post of lecturer in view of the  Government order  dated 25.10.2000; hence he is entitled to be treated as seniormost and entitled for the post of officiating Principal.  The grant of lecturer's pay scale and post to the respondent no. 4 was cancelled by the Deputy Director of Education  against which writ petition has already been filed being writ petition No. 41759 of 2006 in which an interim order has been granted by this Court.

The question of seniority is first decided by the Committee of Management thereafter an appeal is provided to the Joint Director of Education under the Regulation 3 Chapter 2 of the U.P.  Intermediate Education Act, 1921. The petitioner was appointed as officiating Principal being treated as seniormost The order creating lecturer's grade with post dated 11.7.2007 in favour of respondent no. 4 has been filed as Annexure-7 to the writ petition  which makes it clear  that the said order shall not affect  the seniority in L. T. grade.  The balance of convenience  is in favour of the petitioner who is working as officiating Principal for last one year.  It is appropriate that this writ petition be heard and decided along with three writ petitions as noted above having bearing  on the issue between the parties.

List this writ petition along with writ petitions No. 8317 of 2007, 41759 of 2006 and 70779 of 2005 on 3rd of September, 2007. It is made clear that all the writ petitions may be  disposed of  finally.  

Till  then the order impugned dated 12.7.2007 shall remain stayed.





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