QAMAR JAHAN Vs. U P PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) This appeal relates to the promotion granted to Respondent 4-Narain Devi as Headmistress of Junior High School on 25/4/1978. By the same order the appellant-Qamar Jahan was appointed as Assistant Teacher in Junior High School. The appellant challenged this order before the U. P. Public Services tribunal. The tribunal allowed the application of the appellant holding that she should have been appointed as Headmistress, a Junior High School, instead of Respondent 4. The High court, however, set aside the order of the tribunal and has upheld the order of 25/4/1978. Hence the present appeal is filed by Qamar Jahan.

(2.) According to the appellant she was senior to Respondent 4 and hence she was entitled to be appointed Headmistress of Junior High School under the order of 25/4/1978.

(3.) As far as we can gather from the record, the appellant was appointed as Assistant Teacher in Primary School on 12/10/1962. Respondent 4 was appointed as Assistant Teacher of Primary School prior to the appellant on 11/9/1961. The appellant was, however, confirmed as a Primary School Teacher on 10/12/1963 while Respondent 4 was confirmed on 11/2/1965. The appellant claims to have worked as Headmistress, Primary School from 31/7/1971. Respondent 4 was appointed as Headmistress, Primary School from 21/4/1975. The appellant was appointed as officiating Headmistress of Junior High School on 31/3/1975. She continued to officiate as Headmistress of Junior High School for a period of three months up to 30/6/19755, after which she seems to have been reverted on 30/6/1975 as Assistant Teacher in Primary School. When the appellant was reverted as Assistant Teacher, Primary School, Respondent 4 was appointed to officiate as Headmistress, Junior High School on 1/7/1975. She continued to so officiate till her appointment as Headmistress, Junior High School on 25/4/1978. By the same order the appellant was promoted as Assistant Teacher, Junior High School. This is how the facts have been found by the High court.