GABER SINGH NEGI Vs. STATE OF UTTARANCHAL, SECRETARY MADHYAMIK SHIKSHA, GOVERNMENT OF UTTARNCHAL AND ORS

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the reversion order dated 17.08.2002 passed by respondent No. 2/Director of Education, contained in annexure No. 5 to the writ petition, by which the petitioner has been reverted from the post of Head Master, Government Higher Secondary School to the post of Lecturer. Further, a writ of mandamus has also been sought to command the respondents to reinstate the petitioner on the post of Head Master in the pay scale of Rs. 6500-10500 with continuity of service.

(2.) The facts of the writ petition, in brief, are that the petitioner was appointed on ad-hoc basis by Regional Deputy Director of Education, Nainital on the post of Assistant Teacher on 13.12.1969 and he joined on the said post in Pratap Inter College, Tehri. Thereafter he was given appointment on 11.08.1972 by the Director of Education, Uttar Pradesh on the post of Assistant Teacher (Biology) in the pay scale of Rs. 150-350 and he joined his services in Government Higher Secondary School, Dakpathar, Dehradun on 25.08.1972. Subsequently the petitioner was selected by the U.P. Public Service Commission on the basis of direct recruitment on the said post of Assistant Teacher L.T. Grade (Biology) in the pay scale of Rs. 300-550 on 04.09.1976. The U.P.Public Service Commission recommended his name to the Director Education U.P. for appointment. The Deputy Director (Madhyamik), U.P. through order dated 22.03.1979 appointed the petitioner. The name of the petitioner found place at serial No. 15 of the order dated 22.03.1979. The petitioner joined his services in Government Higher Secondary School, Baluwakot, District Pithoragarh under the orders of Deputy Director (Madhyamik), U.P. It is alleged by the petitioner that he was selected by the U.P. Public Service Commission in the year 1976 with effect from 04.09.1976 but the respondents has given effect to the recommendation of the Commission only on 22.03.1979. The Director, Education, U.P. in the month of April 1993 promulgated a provisional inter se gradation list of the L.T. grade teachers selected by direct recruitment and departmental promotions of Government Schools during the period 1971-1980 and invited objections after publishing the same. Certain teachers filed their objections regarding their seniority in the gradation list and after disposing of the objections, the respondents promulgated the final seniority list on 11.10.1993. The name of the petitioner found place in the final seniority list at serial No. 335. Thereafter the petitioner was promoted to the post of Head Master in the pay scale of Rs. 6500-10500 by the Selection Committee constituted under the provisions of Rule 8 of the U.P. Educational Teaching (Subordinate Gazetted) Service Rules, 1993. The promotion order was issued by the Director of Education U.P. on 21.02.1999 to the petitioner and he joined as Head Master in the Government Higher Secondary School, Chardhar, Pauri. The petitioner has also successfully completed the probation period of two years as envisaged under Rule 10 of the Rules of 1993. Suddenly, the respondent No. 2 issued order dated 17.08.2002 reverting the petitioner to the post of Lecturer (Economics) without giving him opportunity of hearing and even no show cause notice was given to the petitioner to place his case before the authority concerned.

(3.) The contention of the respondents is that due to some clerical mistake crept in the seniority list, the promotions of Sri M.L.Semwal and Sri D.D.Joshi to the post of Principal were challenged by Sri M.R. Gairola, Sri S.D. Petwal and Sri Manmohan Chandola by filing writ petition, bearing No 1491 of 2001 which was decided by this Court on 11.04.2002. Respondent Nos. 4 & 5 in the said writ petition sought review of that order in which the Director of Education was directed to hear respondent Nos. 4 & 5 before taking any action. They appeared before the Director of Education and inform that Sri Gaber Singh Negi (petitioner in the present writ petition) who is junior to them has been promoted to the post of Principal and accordingly the petitioner Gaber Singh Negi has been reverted to the original post of Lecturer in compliance of the orders passed by this Court on 11.04.2002 and 26.04.2002.