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Ram Ji Pandey v. The D.I.O.S. And Others - WRIT - A No. - 7536 of 1996 [2007] RD-AH 17297 (1 November 2007)

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Court No. 26

Civil Misc. Writ Petition No. 7536 of 1996

Ram Ji Pandey


The District Inspector of schools

Deoria and others.

Hon'ble V.K. Shukla,J.

Present writ petition has been filed by the petitioner for issuing writ in the nature of mandamus directing the respondents to pay salary to the petitioner for the post of Lecturer in History in the aforesaid college from the date of his promotion.

In the district of Deoria, there is institution known as Mani Nath Inter College, Nonapar, Post Nonapar District Deoria. Institution in question is duly recognised and aided one and as such covered by the provision of U.P. Act No. 2 of 1921 and U.P. Act No. 24 of 1971. Petitioner had been performing and discharging his duty as L.T. Grade teacher in the institution. Petitioner claims that one Baleshwar Pandey had been accorded ad-hoc promotion on the post Principal of the institution and as such in the vacancy in question he had been appointed by the resolution of the Managing Committee of the institution as such he is entitled to receive his salary.

Impleadment application has been filed by one Markendry Misra through Sri S.N. Shukla, Advocate claiming therein that he is senior viz-a-viz to petitioner. Supplementary affidavit has been filed and therein dispute in respect of inter se seniority has been sought to be replied and it has been contended that Rama Shankar Tiwari was promoted as Principal pursuant to the judgment dated 24.5.2005 passed in Civil Misc. Writ Petition No. 13364 of 2001 and Rama Shankar Tiwasri has died. Petitioner has tried to contend that his claim in any view of the matter would not be effected.

Matter has been taken up today, this fact has been admitted , as far as Narvedeshwar Pandey is concerned, in respect of his ad hoc promotion as principal, there was a serious dispute . Record filed by the petitioner reflects that claim of Narvedeshwar Pandey was not accepted, as Rama Shankar Tiwari was promoted as Principal. In this background as far as ad hoc promotion of petitioner is concerned, qua the same no credibility could be attached and no directives could be issued for ensuring payment of salary. At last petitioner has contended that both Rama Shankar Tiwari as well as Narvedeshwar Pandey are no more in service and substantive posts in question have fallen vacant on account of attaining the age of superannuation of Narvedeshwar Pandey and Rama Shankar Tiwari, and qua the same no steps are being undertaken.

In this background of the case, as post of Lecturer in History has fallen vacant and it is being claimed that said post is to be filled up by way of promotion, as such it would be expedient that steps be undertaken by the Managing Committee of the institution strictly in consonance with the provisions as contained in Rule 14 of U.P. Secondary Education Service Selection Board Rules, 1998. Needless to say that Managing Committee of the institution shall make such determination, and in case post falls within promotional quota, then name of each and every eligible candidates of the first day of year of recruitment be forwarded through the agency of the D.I.O.S. so that further follow up action be taken by the Committee constituted in this regard. In case on determination, it is found that post in question falls within the direct recruitment quota, then requisite steps be undertaken accordingly.

With these observations, writ petition is disposed of.

Dt. 2.11.2007



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