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Allahabad High Court · body

1992 DIGILAW 1640 (ALL)

Prem Balika Rai v. Regional Inspectors

1992-12-18

S.C.VERMA

body1992
JUDGMENT S.C. Verma, J. - The dispute in Civil Misc. Writ Petition No. 22624 of 1992 relate to the inter-se seniority of Assistant Teacher in Lecturer's Grade at Shiv Murti Balika Inter College, Kerakat, Jaunpur. The petitioner Smt. Prem Balika Rai has claimed seniority over Smt. Asha Rai and her appointment as ad-hoc Principal of the Institution. 2. Smt. Malti Singh, petitioner in Civil Misc. Writ Petition No. 24297 of 1992, has also claimed to be senior to Smt. Asha Rai. 3. In both these petitions, the order dated 3-6-1992 passed by the Regional Inspectors of Girls Schools has been assailed in which Smt. Asha Rai has been held to be the senior-most Assistant Teacher in Lecturer's Grade. 4. Smt. Prem Balika Rai was appointed as Assistant Teacher in L. T. Grade on 21-8-1980. The Management promoted her to the post of Lecturer in Civics with effect from 9-7-1984 on ad-hoc basis. The respondent No. 3, Smt. Asha Rai, was appointed by direct recruitment on ad-hoc basis on the post of Assistant Teacher in Lecturer's Grade for the subject Hindi from 29-3-1984 to 20-5-1985. The respondent No. 3 was again an ad-hoc appointment with effect from 9-7-1984. Smt. Malti Singh was also given ad-hoc appointment in Lecturer's Grade for the subject Psychology , with effect from 9-7-1984. These appointments were approved by the Regional Inspectors of Girls Schools by order dated 28-7-1984 with effect from 9-7-1984. A vacancy was created on the post of Principal and the Committee of Management, by resolution dated 9-3-1986, appointed the petitioner Smt. Prem Balika Rai as ad-hoc Principal. The appointment of Smt. Prem Balika Rai was also approved by the Regional Inspectors of Girls Schools by order dated 14-6-1989. Her signatures were attested and she has been performing her duties as Principal of the Institution upto this date. 5. It appears that respondent No. 3 Smt. Asha Rai represented her case to the Authorised Controller for her claim to be the Senior-most Teacher in Lecturer's Grade and claimed her continuous ad-hoc appointment with effect from 29-3-1984. The Authorised Controller considered the entire records relating to the appointment of the aforesaid claimants recommended Smt. Asha Rai to be the Senior-most Lecturer by letter dated 18-5-1992 to the respondent No. 1 to decide the dispute of Seniority. The Authorised Controller considered the entire records relating to the appointment of the aforesaid claimants recommended Smt. Asha Rai to be the Senior-most Lecturer by letter dated 18-5-1992 to the respondent No. 1 to decide the dispute of Seniority. The Regional Inspectors of Girls Schools by order dated 3-6-1992 held that Smt. Asha Rai on account of her appointment in Lecturer's Grade with effect from 29-3-1984 is the Senior-most Lecturer and confirmed the order of the Authorised Controller. 6. Smt. Prem Balika Rai has assailed the order dated 3-6-1992 on the ground that since the appointment of all the three incumbents in Lecturer's Grade was with effect from 9-7-1984, in view of the provisions of Regulation 3 (1) (bb) framed under the U. P. Intermediate Education Act, her seniority in the previous Grade i. e. L. T. Grade should have been considered with effect from 1980 and she would be the senior-most. The approval accorded by the respondent No. 2 dated 4-6-1989 as ad-hoc Principal was not challenged and in accordance with the provisions of the Removal of Difficulties Order, 1981, she is the senior-most Lecturer entitled to be appointed as ad-hoc Principal. The previous appointment of Smt. Asha Rai by direct recruitment was also challenged as according to the petitioner Smt. Prem Balika Rai, the post of Lecturer in Hindi was liable to be filled up by promotion and not by direct recruitment. The petitioner being the senior-most L. T. Grade Teacher should have been promoted, but as the appointment to Smt. Asha Rai was for a short term, she did not object as later on both were given appointments in Lecturer's Grade with effect from 9-7-1984. 7. These facts have been seriously contested by the respondent No. 3 Smt. Asha Rai. According to her, the post of Lecturer in Hindi was sanctioned in the year 1983 and the same was being filled up for the first time for which advertisement was made and the process of selection was conducted by direct recruitment. The Committee of Management vide resolution dated 21-3-1984 approved the recommendations of the selection Committee for appointment of Smt. Asha Rai as Lecturer in Hindi on ad-hoc basis in accordance with the provisions of Section 18 (2) (b) of the U. P. Secondary Education Service Commission and Selection Board Act, hereinafter referred to as the Act. The Committee of Management vide resolution dated 21-3-1984 approved the recommendations of the selection Committee for appointment of Smt. Asha Rai as Lecturer in Hindi on ad-hoc basis in accordance with the provisions of Section 18 (2) (b) of the U. P. Secondary Education Service Commission and Selection Board Act, hereinafter referred to as the Act. The respondent No. 1 gave approval to the petitioner's appointment by order dated 24-3-1984 till a regularly selected candidate by the Commission joins the post. In pursuance of the aforesaid approval, the management issued appointment letter to the petitioner specifically mentioning that the ad-hoc appointment will continue to last till a regularly selected candidates by the Commission joins the post. The respondent No. 3 joined the post with effect from 29-3-1984. It has been alleged that since her appointment from the very inception was subject to joining of a regularly selected candidate, she was never given any fresh appointment nor her appointment was terminated at any point of time. The order of respondent No. 1 dated 28-7-1984 mentioning the appointment of the petitioner with effect from 9-7-1984 to 30-6-1985 appears to be under some misconception as there can not be any subsequent approval nor there was any resolution or proposal by the Institution for her appointment with effect from 9-7-1984. As regards the appointment of the petitioner Smt. Prem Balika Rai, it has been alleged that she could not be promoted to the post of Lecturer in Hindi as she did not possess the requisite educational qualifications. The post of Lecturer in Hindi in these circumstances, was filled up by direct recruitment. The appointment of the petitioner, for the first time was made by promotion in Lecturer's Grade for the subject Civics with effect from 9-7-1984 on ad-hoc basis. The initial appointment was only for a period of 6 months as was indicated in the appointment letter as also in the order of approval. 8. The case of Smt. Prem Balika Rai was also considered for regular promotion as Lecturer in Civics by the U. P. Secondary Education Service Commission, but her promotion was disapproved by order dated 26-4-1986 on the ground that she had not put in five years of service as Teacher on the date of vacancy. 8. The case of Smt. Prem Balika Rai was also considered for regular promotion as Lecturer in Civics by the U. P. Secondary Education Service Commission, but her promotion was disapproved by order dated 26-4-1986 on the ground that she had not put in five years of service as Teacher on the date of vacancy. The order dated 24-6-1986, under which the decision was communicated to the Deputy Director of Education-V Region, Varanasi, has not been challenged and has become final. The petitioner was reverted to L. T. Grade. However, by manipulation, she has obtained by approval as ad-hoc Principal which is illegal, void and without jurisdiction. 9. Smt. Malti Singh petitioner in writ petition No. 24297 of 1992 was also appointed as ad-hoc Lecturer in Psychology by direct recruitment with effect from 9-7-1984 and her appointment was also approved by order dated 28-7-1984, Later on this appointment was allowed to continue till a regularly selected candidate joins. She claimed that as the appointments are of the same date, she being senior in age was required to be treated as senior to Smt. Asha Rai. The controversy can be resolved on the determination of inter-se seniority of these claimants. 10. I have heard Sri Namwar Singh appearing on behalf of Smt. Prem Balika Rai and Smt. Malti Singh in both the writ petitions and Sri Pradeep Verma who appeared on behalf of Smt. Asha Rai. After considering the arguments of the learned counsel for the parties and a perusal of the records the facts which emerge to establish that Smt. Asha Rai is the senior-most Lecturer are narrated as follows. 11. The post of Lecturer in Hindi was liable to be filled up by direct recruitment as Smt. Prem Balika Rai was not qualified to be appointed by promotion, both for the reason that she did not possess the educational qualification as also she had not put in five years of continuous service as a teacher on the date of occurrence of vacancy. The appointment of Smt. Asha Rai as Assistant Teacher in Lecturer Grade on ad-hoc basis was made on a specific condition that her appointment was to continue till a regularly selected candidate by the Commission joins the post. The approval was also to the same effect by the Regional Inspectors of Girls Schools. The appointment of Smt. Asha Rai as Assistant Teacher in Lecturer Grade on ad-hoc basis was made on a specific condition that her appointment was to continue till a regularly selected candidate by the Commission joins the post. The approval was also to the same effect by the Regional Inspectors of Girls Schools. There is no material on record to establish that any fresh appointment by the Institution or any termination of Smt. Asha Rai was made to establish that a fresh approval was given for her appointment by the Regional Inspectors of Girls Schools with effect from 9-7-1984. The initial appointment order did not indicate that the appointment was only for a period from 29-3-1984 to 20-5-1984. The subsequent order of the Regional Inspectors of Girls Schools dated 28-7-1984 appears to be under some misconception and by this order alone, her appointment can not be treated to be with effect from 9-7-1984 and not with effect from 29-3-1984. Once the earlier approval to her appointment under Section 18 (1) (b) of the Act was given specifically indicating that the appointment was to last till a regularly selected candidate by the Commission joins the posts, there was no requirement of any subsequent appointment or subsequent approval. 12. In my opinion, the respondent No. 1 has rightly treated her ad hoc appointment in Lecturer's Grade with effect from 29-3-1984. As regards the claim of Smt. Prem Balika Rai that she is the Senior-most Teacher and by virtue of her appointment in L. T. Grade, she would be the senior-most Lecturer also does not appear to be correct. The appointment of Smt. Prem Balika Rai in Lecturer's Grade, if treated to be from 9-7-1984, it would be after the appointment of Smt. Asha Rai. The appointment of Smt. Prem Balika Rai for regular promotion in Lecturer's Grade was disapproved by the Service Commission and the order has remained unchallenged and she was reverted in L.T. Grade which would be another factor against her claim. The essential qualification for promotion under the Rules framed under the Act require that apart from minimum educational qualifications, the candidate must have at least five years' continuous service as teacher on the date of occurrence of vacancy. In my opinion, the qualifications necessary for regular appointment would also be necessary for ad hoc promotion. The essential qualification for promotion under the Rules framed under the Act require that apart from minimum educational qualifications, the candidate must have at least five years' continuous service as teacher on the date of occurrence of vacancy. In my opinion, the qualifications necessary for regular appointment would also be necessary for ad hoc promotion. The petitioner Smt. Prem Balika Rai was not eligible to be appointed by promotion even on ad hoc basis. It may be that later on after she attained five years continuous service, subsequent appointment on ad hoc basis was liable to be regularised, but she cannot claim to the senior-most Lecturer. 13. The petitioner had represented her case be.ore the Authorised controller and was given full opportunity. The Regional Inspectors of Girls Schools has, on the basis of the entire record and the recommendation of the Authorised Controller, has not committed any error of law or jurisdiction in holding that the appointment of Smt. Asha Rai in Lecturer's Grade with effect from 29-3-1984 would entitle her to be the senior-most Lecturer. 14. For the aforesaid reasons, both the petitions are dismissed being devoid of merit.