SHARDINDU Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner in these proceedings under Article 226 of the Constitution of India, assails an order dated 18.11.2005 issued by the second respondent, as Director, Elementary Education, Ministry of Human Resource Development (HRD), Central Government. For the sake of easy reference, the first two respondents are hereby referred to as 'UOI'.

(2.) The undisputed facts which has led to the controversy in these proceedings are that the petitioner was appointed in the junior scale of the Uttar Pradesh ('UP') Education Service on 1.10.1973. He was promoted to the post of Director, State Council for Educational Research and Training, UP in October 1997. He claims that in November 2001, the State Government conferred supervisory powers upon him, to oversee functioning of the Registrar, Department of Education. He further claims that while working as Director and supervising the work of Registrar, Department of Education, the petitioner had commented on the inefficiency and inaction of the incumbent Registrar by communications to the State Government.

(3.) On 31.12.2003 the UOI wrote to the petitioner intimating his selection as Chairman of the National Council for Teacher Education (hereafter called 'NCTE') for a period of four years or till he attained the age of 60 years, whichever was earlier. The petitioner assumed duties of Chairman on 22.1.2004 after he was relieved by the Govt. of UP as Director SCERT on 21.1.2004 The formal order in terms of Section 3(4)(a) of the National Council for Teacher Education Act, 1993 (hereafter called 'NCTE Act') was issued by the Central Government on 15th December, 2004 The said order reads as follows: