HUKAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the seniority list dated 26.12.2001 (Annexure -1 to the writ petition) of the Lecturers of Panna Lal Bhalla Inter College, Haridwar. A mandamus has further been sought to declare the petitioner Officiating Principal of said college.

(2.) HEARD earned Counsel for the parties.

(3.) COUNTER -affidavits are filed separately on behalf of respondent No. 2, respondent No. 3 and respondent No. 4. In the counter -affidavit of respondent No. 2, it is stated that Panna Lal Bhalla Inter College, Haridwar (for brevity hereinafter referred as P.L.B. Inter College) is recognized aided institution to teach classes from 6th to 12th. It is admitted in said counter -affidavit that the petitioner who was a Lecturer in Murli Manohar Inter College Ishpurteel, district Muzaffarnagar since 15.1.1981, was subsequently transferred on his request to P.L.B. Inter College, Haridwar, vide order dated 9.7.1997. In the counter -affidavit of respondent No. 2, it is mentioned that service conditions of the transferred teachers in such cases are governed by Rule 61 of the Regulations framed under Chapter III of U.P. Intermediate Education Act, 1921. It is further stated in the counter -affidavit that the petitioner was to be placed at the bottom of the Lecturer grade in the college, where he was transferred. As to the seniority of Surendra Singh (respondent No. 4) in the counter -affidavit of respondent No. 2, it is stated that he was initially only Assistant Teacher in L.T. Grade w.e.f. 20.7.1970 and was promoted as Lecturer in Hindi w.e.f. 06.11.1989. Defending the impugned seniority list, it has been stated that the seniority of the petitioner is required to be reckoned from 21.7.1997 when he actually joined his duties in P.L.B. Inter College on his transfer.