कानपुर नगर : जूनियर हाई स्कूल में प्रधानाध्यापक पद पर पदोन्नति को झटका, वरिष्ठता सूची पर रोक के कारण पदोन्नति पर भी लगी रोक, क्लिक कर कोर्ट का आदेश देखें ।
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 43081 of 2016
Petitioner :- Vivek Kumar And Anr.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Kushmondeya Shahi
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Manoj Misra,J.
Supplementary affidavit filed today, is taken on record.
This writ petition has been filed for quashing seniority list of teachers dated 18.07.2016 in Senior Basic Schools, run by U.P. Basic Shiksha Parishad, in district Kanpur Nagar. The petitioners have also challenged the consequential promotion order dated 30.08.2016 by which on the basis of seniority list, teachers have been promoted on the post of Headmaster in Senior Basic School (Junior High School).
The submission of the learned counsel for the petitioner is that the respondent no.4 has incorrectly drawn the seniority list of Assistant Teachers, Senior Basic School, by determining inter se seniority on the basis of their initial appointment as Assistant Teacher in the Junior Basic School, when, in fact, the seniority ought to have been determined on the basis of the date of their appointment in the cadre of Assistant Teacher, Senior Basic School. It has been submitted that already this issue has been decided by a detailed judgement of Lucknow Bench of this Court in Writ Petition No.6999 (SS) of 2008 and Writ Petition No.7052 (SS) of 2008 vide judgment and order dated 21.05.2009 in which it has been specifically observed as follows:-
"In the light of the aforesaid provisions it is obvious that on the event of promotion in the higher cadre on different posts, the teacher who is promoted earlier in the higher cadre shall be treated as senior in that very cadre."
Relying on the aforesaid judgment, the learned counsel for the petitioner has submitted that seniority has to be determined on the basis of length of service in the cadre concerned and not on the basis of the original date of appointment on a lower cadre. He has also invited attention of the Court to various interim orders that have been passed in similar matters such as writ petitions i.e. Writ-A No.34407 of 2013 and Writ-A No.36240 of 2015. Attention of the Court has been invited to Rule 22 of the U.P. Basic Education (Teachers) Service Rules, 1981 so as to demonstrate that seniority of teacher in a cadre is to be determined by the date of his appointment in the cadre. Meaning thereby that the date of appointment in the cadre of Assistant Teacher in Senior Basic School is relevant and not original date of appointment as Assistant Teacher in Junior Basic School. It has been submitted that Headmaster, Junior Basic School and Assistant Teacher, Senior Basic School constitute one cadre whereas Assistant Teacher, Junior Basic School is the feeding cadre for the said posts. Likewise, the feeding cadre of Headmaster of Senior Basic Schools is the Assistant Teacher, Senior Basic School or Headmaster, Junior Basic School. Attention of the Court has been invited to page 42 to 52 to disclose that seniority list has been determined on the basis of initial date of appointment and not the date of appointment in the cadre.
The matter requires consideration.
Learned Standing Counsel has accepted notice on behalf of the respondent nos.1 and 2; and Sri Sunil Kumar Singh has accepted notice on behalf of the respondent nos.3 and 4.
Let this petition on 19.10.2016, by which date, the respondents shall file their respective counter affidavits.
Till the next date of listing, the seniority list dated 18.07.2016 shall remain stayed. Likewise, the promotion order dated 30.08.2016 shall also remain stayed provided it is based on the said seniority list and not on cadre-wise seniority.
Order Date :- 9.9.2016
AKShukla/-
