ASHA SAXENA Vs. S K CHAUDHARI

JUDGEMENT

(1.) These are two connected writ petitions. The relevant facts for the purposes of deciding these writ petitions are that Shrimati S. K. Chaudhari was appointed as C.T. Grade teacher in Vidyawati Darbari Intermediate College, Lukerganj, Allahabad (hereinafter described as the "College") in the year 1964- and she continued to work in that capacity in the College till her promotion to the post of Lecturer on 8.7.1973. It may be noted that she had passed her L.T. Examination in the year, 1970.

(2.) Dr. Asha Saxena was appointed in the College on 22.7.1969 as L.T. Grade teacher and she continued to work on that post till her promotion as a Lecturer on 8.7.1973. Ku. Radha Raizada was appointed L.T. Grade teacher in the year 19/1 and was promoted to the post of Lecturer on 8.7.1973.

(3.) Dr. Asha Saxena filed an objection against the seniority list which had been prepared in the year 1986-87 before the Committee of Management as in the seniority list Smt. S.K. Chaudhari was shown senior to her. Her representation was rejected on 11.7.1988 by the Management. Against this decision of the Management Dr Asha Saxena filed appeal before the Regional Inspectress of Girls Schools IV Region, Allahabad. The Regional Inspectress of Girls Schools by an order dated 28.6.1989 held that promotion of all the three teachers as lecturers was illegal as none of them was eligible for being promoted at that time and accordingly without deciding the appeal, referred the matter to the Director or Education for cancelling the promotion of all the three lecturers under Section 16-E(10) of the U.P. Intermediate Education Act. That matter is still pending before the Director of Education and no decision has been taken by him so far.