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2015 DIGILAW 403 (UTT)

MAHIPAL SINGH v. STATE OF UTTARAKHAND

2015-08-18

SERVESH KUMAR GUPTA

body2015
JUDGMENT Hon’ble Servesh Kumar Gupta, J. 1. In all these above titled petitions, identical controversy is involved, hence are being adjudicated together by this single judgment. 2. All the petitioners were initially appointed as Assistant Teachers in the Junior Basic Schools in District Bageshwar. Most of them were posted in Block Garur or Kapkot of such district. Needless to add that the post of Assistant Teacher (Basic) is a block level cadre post. At some point of time, it was realised by the District Education Officer (Basic) that none of the teachers is inclined to perform the services in the remote areas of such blocks. So, an advertisement was published on 13.8.2011 at his initiation alluring those teachers for early/out of turn promotion who accept to render their services in remotest places. All these petitioners responded and they were given out of turn promotion and were sent to the schools in the remote places. Thus, they have become either the Headmaster of the Junior Basic Schools or the Assistant Teacher in the Senior Basic Schools, the names whereof were divulged in the advertisement itself. The benefit of the offer was conferred only seniority-wise to the teachers, who offered their services in consonance of the advertisement. 3. The above step of the District Education Officer (Basic) annoyed a number of teachers, who though seniors in the list but then had been at quite a junior position as against the petitioners and their resentment was led by one Mr. Sushil Joshi by way of filing the writ petition in the Court. The coordinate Bench of this Court disposed of the petition, inter alia, on 15.12.2014 asking the writ petitioners to present themselves before the District Education Officer (Basic), Bageshwar on 22.12.2014 and such officer was also directed to remain present in his office to hear the grievances. 4. The officer heard the grievances of those petitioners and cancelled the promotion order of all these petitioners and ordered recovery of the pay and other allowances which they received as against the promotional post. Feeling aggrieved with the orders of the officer concerned, they all have approached this Court. 5. The Court has rendered hearing to learned Sr. Counsel as well as other concerned Counsels nay the learned Standing Counsel on behalf of the State. 6. Feeling aggrieved with the orders of the officer concerned, they all have approached this Court. 5. The Court has rendered hearing to learned Sr. Counsel as well as other concerned Counsels nay the learned Standing Counsel on behalf of the State. 6. Undisputedly, the promotional exercise of the Basic Teachers can be initiated under the Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 and the seniority of such teachers is to be determined in accordance with the Seniority Rules of 2002. The promotional rules formulated in the undivided State had been adopted by this State too under the Reorganisation Act. Thus, the promotional exercise can be initiated subject to the Rules of 1981, as adopted by this State, and the seniority of the teachers is to be determined and settled strictly in accordance with the Rules of 2002, and no other method can be introduced by any authority howsoever high he may be dehoring such rules. 7. It is quite explicable that issuing an advertisement dated 13.8.2011 was quite contrary to the rules applicable for the promotions. It was the brainchild of the authority concerned himself, which he could not and must not have done. So, the cancellation of all these promotions is quite valid. But at the same time, the factor cannot be ignored that all these petitioners resumed their duties in remote areas as a result of their promotion by the authority concerned and, all the more, rendered their services for 3-4 years in the area. So, the salary and other allowances received by them for the promotional posts cannot be recovered from them. 8. In the helm of controversy, as has been discussed above, the District Education Officer (Basic) is directed to make the seniority list afresh strictly in accordance with the Rules of 2002 and then he is at liberty to initiate the proceedings of promotion as well as transfer in order to ensure that the imparting of education may not suffer in the remote areas of the District Bageshwar. He will take such exercise as early as possibly, but within four weeks by all means. Hitherto, any other list vis-à-vis to the seniority of such teachers prepared at the whims of such officer is hereby quashed. 9. He will take such exercise as early as possibly, but within four weeks by all means. Hitherto, any other list vis-à-vis to the seniority of such teachers prepared at the whims of such officer is hereby quashed. 9. It is hereby also made clear that District Education Officer (Basic) will take care of the postings of all the teachers in the remote areas of the hills of District Bageshwar at the earliest and as per the Transfer Rules 2013 and whosoever teacher defies such order, stern disciplinary action must be taken against him inasmuch as to place him under suspension and to the extent of dismissal from the service. 10. With the directions as above, all these petitions stand disposed of.