OM PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri Ram Milan Mishra on behalf of the petitioner, learned standing counsel for respondents no.1 and 2 and Sri B.P. Singh for respondents no.3 and 4.

(2.) The facts in brief giving rise to the instant writ petition are that the petitioner was appointed on 31.12.2005 as Assistant Teacher in Junior Basic School namely, Prathmik Vidyalaya, Chakchamran, Block-Baragaon, District Varanasi. He joined on 7.1.2006. Later on, he opted for his transfer to rural local area of Azamgarh, being his home district. The request was accepted by the Board of Basic Education (hereinafter referred to as 'the Board'). In pursuance thereof, he came to be posted as Assistant Teacher in Prathmik Vidyalaya, Paigoopar, Block-Martinganj, District-Azamagarh. The specific date on which transfer order was passed has not been disclosed in the writ petition. However, the order of the posting passed by District Basic Education Officer, Azamgarh is dated 23.9.2013 and in pursuance thereof, the petitioner joined on 24.9.2013 and since then, he is working in the said institution.

(3.) The service of the petitioner is governed by the provisions of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as 'the Rules'). Under the Rules, the post of Headmasters and Head Mistresses of Junior Basic School and Assistant Master and Assistant Mistress of Senior Basic School is to be filled up by promotion of candidates possessing five years teaching experience as permanent Assistant Master or Assistant Mistress of Junior Basic School, Assistant Master or Assistant Mistress of Junior Basic School and Assistant Master or Mistress of Senior Basic School. The respondents accordingly prepared a provisional seniority list for undertaking exercise for promotion, against which the petitioner is stated to have filed objection complaining that his name has not been included in the seniority list. A further request was made to include his name in the seniority list by reckoning his seniority from the date of his appointment in substantive capacity as Assistant Teacher. The respondents, thereafter, published final seniority list of candidates, who joined the cadre upto November, 2008. The seniority list of candidates, who joined the cadre, thereafter, was not published. On the basis thereof, the respondents proceeded to consider the candidates for promotion. Vide impugned order dated 27.12.2014, the candidates, whose names figure in the final seniority list, were promoted. Aggrieved thereby, present writ petition has been filed for a writ of certiorari quashing the promotion order dated 27.12.2014 and also the final seniority list Annexure-9 and for a mandamus directing the respondents to fix the seniority of the petitioner at proper place and thereafter, promote him on the post of Headmaster of Junior Basic School.