CHANDRA PRATAP PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the pleadings of writ petition.

(2.) BRIEF facts of the case are that the petitioner being the senior -most Lecturer in P.D. Pandey Inter College, Sonaisa, District Faizabad (hereinafter referred to as 'the College') was appointed as L.T. Grade Teacher in the College on 20.07.1968 and was promoted on the post of Lecturer on 26.07.1974. Due to retirement of Shri S.K. Ojha, the vacancy of ad -hoc Principal was to be filled in by promotion of senior -most Lecturer in the College till a regularly selected candidate is sent by the U.P. Secondary Education Services and Selection Board. The provisions of U.P. Secondary Education (Services and Selection Board) Act, 1982 (for short, 'the Act') provide that the vacancy of the post of Principal is to be filled on purely ad -hoc basis by promoting the senior -most Lecturer in the Lecturer grade. The Committee of Management, in violation of the provisions of the aforesaid Act, promoted Shri Rakesh Kumar Pandey, who is junior to the petitioner in Lecturer grade, on 30.06.2002. The petitioner on 05.07.2002 submitted a representation to the District Inspector of Schools against the illegal act of the Committee of Management promoting Shri Rakesh Kumar Pandey on the post of ad -hoc Principal. Upon the representation of the petitioner, the District Inspector of Schools vide his letter dated 05.09.2002 directed the Manager of the College to submit a seniority list of the Lecturers counter -signed by each Lecturer and also submit an explanation as to why the senior -most Lecturer was not appointed as ad -hoc Principal. The Management, however, did not pay any heed to the letter of DIOS and as such the petitioner filed Writ Petition No.5678 (SS) of 2002. This Court vide interim order dated 03.10.2002 provided that if there is nothing against the petitioner and he is the senior -most teacher then he should be given a chance in terms of the Rules as officiating Principal of the Institution till the next date of listing. When the order dated 03.10.2002 came to the knowledge of the Management, the petitioner was placed under suspension and a charge sheet dated 10.10.2002 was served upon him. The petitioner then again approached this Court by filing Writ Petition No.844 (SS) of 2003 challenging the suspension order. This Court vide interim order dated 07.02.2003, stayed the suspension order of the petitioner and directed the opposite parties to complete the enquiry expeditiously. The petitioner also filed another Writ Petition No.597 (SS) of 2004 challenging the appointment of Shri Rakesh Kumar Pandey, opposite party no.5, as ad -hoc Principal. It was further prayed that opposite parties be directed to appoint the senior -most teacher of the College as ad -hoc Principal till regularly selected candidate comes and joins the post.

(3.) DURING the course of argument, learned counsel for the petitioner submitted that the petitioner has already retired from service and now he confines his prayer only to the extent that he may be given notional promotion with effect from the date when the earlier Principal Shri S.K. Ojha retired i.e. 30.06.2002 and the petitioner be also paid the salary from the aforesaid date till the date of his superannuation.