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Banwari Lal And Others v. State Of U.P. And Others - WRIT - A No. 77213 of 2005  RD-AH 7836 (20 December 2005)
Civil Misc writ petition No.77213 of 2005
Banwari Lal and Balveer Sharma vs. State of U. P. and others
Heard learned counsel for the petitioner and Sri P.D.Tripathi for the resp[ondents no.3 and 4.
The petitioners have prayed for a mandamus directing the respondents for preparation of seniority list in accordance with the judgment dated 24.2.2004, which the petitioners allege has not been done and promotion orders have been issued on 12.12.2005 contravening the same.
A perusal of the judgment dated 24.2.2004 indicates that for the purpose of promotion on the post of Head Master of Junior High School, a combined list of Head Master of Primary School and Asstt teachers of the Junior High School was directed to be prepared and rules were interpreted accordingly. Pursuant to the aforesaid judgment, a Govt. Order was issued on 28.3.2005, a copy whereof is Annexure III to the writ petition, which clarifies that the order of seniority between the Asstt. teachers of Junior High School and Head Master of the Primary Schools will remain unaltered and the Asstt. teachers of Junior High School shall be treated to be senior than Head Master of the Primary Schools prior to the Vth Amendment to the 1981 Rules brought in the year 1993. However, the same Govt. Order clarifies that after 20.6.1993 there shall be a combined seniority list and which appears to be in consonance with the judgment of the High court referred to herein above. It is to be noted that the High Court has clarified the question of seniority by clearly stating that the Head Masters of Primary Schools, who were working on such posts on substantive basis, prior to the amendment shall not be entitled to get the length of their service counted for the purpose of seniority. The length of service was only to be counted from the date pf substantive appointment against these posts. The direction made in the judgment was clearly meant not to disturb the seniority which was enjoyed by the Asstt. Teachers of Junior High School prior to the amendment.
The learned counsel for the petitioners contend that the list which has now been promulgated in respect of the Head Masters of Primary School is not in conformity with the aforesaid judgment and, therefore, the same should be reviewed. Having perused the said seniority list , which is Annexure IV to the writ petition, it appears that the list contains the names of such Head Masters of Primary Schools, who had been promoted as such upto 20.8.90. Admittedly, the petitioner no.1 was promoted as Head Master of Primary School on 2.11.90, therefore, does not appear to have any cause of action to complain about the seniority list prepared so far.
The petitioner no.2 claims to have been promoted as Head Master of the Primary School on 3.8.90, but his name does not appear in the said list of Head Masters, who are promoted upto 20.8.1990. Sri Tripathi learned counsel for the respondents no.3 and 4 contends that it appears that the name of the petitioner no.2 does not appear in the seniority list, appended as Annexure IV to the writ petition on account of the fact that the said petitioner has accepted the promotion as Asstt. Teacher of Junior High School on 29.12.1995. For this Sri Tripathi has urged that the matter be remitted to the Dist. Basic Education Officer, who may examine the aforesaid facts and pass appropriate orders with regard to the claim of the petitioner no.2.
Accordingly,the writ petition is disposed of with a direction to the respondent no.4 to consider the claim of the petitioner no.2 Balveer Sharma in the light of the observations made herein above and pass appropriate orders in accordance with law as expeditiously as possible preferably within six weeks from the date of presentation of a certified copy of this order, before him.
In the event the said respondent comes to the conclusion that the petitioner is entitled to be placed in the seniority list as prepared by the respondents, then he shall be given all such consequential benefits as has been done in the case of such teachers who have been promoted before 12.12.2005 and accordingly shall be placed in such list.
With the aforesaid directions the writ petition is disposed of.
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