NARENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) These four connected writ petitions are being decided by this common judgment. All the petitioners are aggrieved by an order transferring Sri Nitya Nand Sharma from the post of Principal, Jawahar Inter College, Balmanauli, district Baghpat to the ost of Principal of S.S.D. Boys Inter College, Meerut.

(2.) S.S.D. Boys Inter College (hereinafter referred as the College for short) Is being presently managed by a Prabandh Sanchalak (Authorised Controller) appointed by the Joint Director of Meerut and the committee of management of the said college for the time being stands superseded. The college is on the grant in aid list of the Government and is covered by U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971."

(3.) Sri Nityanand Sharma after being selected by Secondary Education Services Selection Board (hereinafter referred to as the Board) is working as the Principal of Jawahar Inter College, Balmanauli. By the impugned order dated 27-4-2001 the Director of Education has transferred Sri Nityanand Sharma to the post of the Principal, S.S.D. Boys Inter College. The post of Principal of S.S.D. Boys Inter College stood occupied by one Manmohan Sharma, who was due to retire firm service on 30-6-2001. Thus, Sri Nityanand Sharma would normally have jointed as Principal of the College immediately after 30-6-2001. However, by an interim order dated 15-6-2001 passed in Writ Petition No. 22214 of 2001, the impugned order dated 27-4-2001 was stayed. Following the order dated 15-6-2001 referred to above on 21-6-2001 another similar interim order was passed in writ petition No. 22928 of 2001, Both the stay orders were to continue upto 2-7-2001. The arguments in these four writ petitions started on 4.7.2001 and the interim order was, therefore, directed to continue by another order dated 4-7-2001 passed in Writ Petition No. 22214 of 2001. The argument continued on 5th and 6th July, 2001.