CHANDRAKANTA Vs. STATE OF U P

JUDGEMENT

(1.) With the consent of the parties, this writ petition is being disposed of finally.

(2.) The case of the petitioner is that petitioner has been appointed as an Assistant Teacher in L.T. Grade which fell vacant due to death of one Kumar Lajwanti on 1.12.1990 and her appointment was accorded approval, vide order dated 29.8.1991 and subsequently her services have been approved by the Deputy Director of Education, vide order dated 21.10.1994 under Section 33B of the Commission Act. She was promoted to the post of Lecture in Education on 4.11.2003. Her claim is that on account of adjustment of the respondent No. 5 as a Lecturer in Hindi in the Institution, she will rank junior to respondent No. 5 which will crime in the way of her promotion to the higher post. This is why the petitioner has questioned the order of adjustment of the respondent No. 5 in the Institution against the post of Lecturer in Hindi.

(3.) On the other hand the stand of the respondent is that she was appointed as a lecturer in Civics and by invoking Rule 13(5) of 1998 Rules, she was adjusted in the Institution against the post of Lecturer in Hind, vide order dated 17.5.2003. However, this adjustment order dated 17.5.2003 was set aside by this Court in the Writ Petition No. 32326 of 2003. The other stand of the respondent No. 5 is that for purposes of withdrawal of the salary, she was allowed to work against the post of Lecturer in Hindi. It is further contended that the petitioner has no cause to come before this Court as seniority is to be determined from the date of first appointment and there is no dispute that the respondent No. 5 is senior to the petitioner as her selection/appointment has been made prior to the appointment of the petitioner as a Lecturer. The other ground taken by the respondent is that petitioner has an alternative remedy of filing appeal against this order which she has not been availed. It is further stated that the petitioner has been adjusted against the post of Lecturer in Civics with effect from 1.7.2008 on account of the vacancy which has occurred in the Institution.