KRISHNA SINGH BANAFAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Arun Kumar Tiwari, counsel for the petitioner and Standing Counsel for respondents-1 to 3, Sri Rahul Jain for respondent-4, Sri Bhavesh Kumar Singh for respondent-5 and Sri Kailash Nath for respondent-6., who has also filed a written arguments.

(2.) The writ petition has been filed for modifying the order of Joint Director of Education, Kanpur Region, Kanpur (respondent-2) dated 9/10.03.2007, by treating it that the petitioner was regularly promoted on the post of 'Lecturer (Hindi)' w.e.f. 01.07.1995 and for quashing the seniority list published on 27.06.2006 and order of the Manager, Bharti Vidyapeeth Intermediate College, Rajpur, district Kanpur Dehat (respondent-4) dated 01.09.2007, rejecting the objection of the petitioner against the aforesaid seniority list and for issue of mandamus directing respondents-1 to 4 to treat the petitioner as substantially promoted on the post of 'Lecturer (Hindi)' w.e.f. 01.07.1995 and provide seniority and other benefits accordingly.

(3.) Bharti Vidyapeeth Intermediate College, Rajpur, district Kanpur Dehat (the college) is an educational institution, recognized under U.P. Intermediate Education Act, 1921 and receiving grant-in-aid from State Government. The provisions of U.P. Intermediate Education Act, 1921, U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and U.P. Secondary Education Service Selection Board Act, 1982 and Rules and Regulations framed therein are applicable to it. The petitioner was appointed as 'Assistant Teacher' in C.T. Grade by Committee of Management of the college on 01.08.1973 with prior approval of District Inspector of Schools, Kanpur (the DIOS). He was thereafter appointed as 'Assistant Teacher' in L.T. Grade by Committee of Management of the college on 07.01.1975 with prior approval of the DIOS. Due to death of Sumer Singh Chandel, the Principal of the college, on 12.12.1988, permanent vacancy of the post of the Principal arose. The Committee of Management promoted the senior most lecturer of the college, on the post of Principal, time to time. Ram Prakash Singh, Lecturer (Hindi), who was senior most teacher in Lecturer's grade, was given adhoc promotion on the post of the Principal on 01.07.1993. Due to which 'short term vacancy' of the post 'Lecturer (Hindi) arose. The petitioner, who was M.A., B.Ed. and had completed 5 years regular service in L.T. Grade and thus was eligible for promotion, was given adhoc promotion on the post of 'Lecturer (Hindi)' by the Committee of Management vide it's resolution dated 13.08.1993, which was approved by the DIOS on 06.09.1993. Ram Prakash Singh retired on 30.06.1995 on attaining age of superannuation. Then the permanent vacancy of the post of 'Lecturer (Hindi)' arose on 01.07.1995. The Committee of Management forwarded the papers for permanent promotion of the petitioner to the Commission but at that time the Commission was not functional as such no order for permanent promotion of the petitioner could be passed and in the meantime the Commission was dissolved and in it's place Regional Selection Committee was constituted but neither the papers were transferred to Regional Selection Committee nor the Committee of Management took fresh steps for permanent promotion of the petitioner and permitted him to continue on the post of 'Lecturer (Hindi)'.