SANGAM LAL DUBE Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the orders passed by the Director of Education transferring the petitioner from the post of a clerk in the office of the Board of High School Intermediate Education to the office of the Government Normal School, Aligarh,

(2.) The petitioner was appointed as a temporary clerk in the office of the Board of High School and Intermediate Education U. P., Allahabad by the order of the Secretary of the aforesaid Board dated 24-9-1942 and by another order of the Secretary dated 27-8-1945 he was appointed a clerk in the scale of Rs. 30--2 1/2--50. By an order of the Secretary of the Board dated 30-9-1948 the petitioner was confirmed in his permanent appointment as a Lower Division Assistant in the said office. His scale was subsequently increased to Rs. 60--4--100 on the recommendation of the U. P. Pay Committee's Report. On 21-4-1947 he was promoted to a temporary Tenancy in the higher scale of Rs. 80-6-110--EB--6--140 and he continued to work in this increased scale with brief interruptions. After 1-2-1949 he, however, continued to work in the higher scale and was never reverted. He received three increments in pay on 19-8-1948, 1-1-1950 and 23-1-1951 respectively. On 15-2-1952 the Secretary of the Board passed an order appointing the petitioner to a temporary post in the higher scale of Rs. 80--6--110--EB--6--140--EB--10--200--EB--20--240 with effect from 1-1-1952. From 1-1-1952 till 14-6-1953 the petitioner worked as a clerk in the aforesaid scale and on 30-5-1953 an order was passed transferring the petitioner from the office of the Board to the office of the Government Normal School, Aligarh, and in consequence of the said order he was relieved with effect from 15-6-1953. The petitioner took leave and rejoined on 13-10-1953. Another order was then passed on 6-10-1953 by the Director of Education Uttar Pradesh directing that, with effect from the date of his rejoining he would be appointed to the post of Head Clerk, Government Intermediate College, Allahabad in the scale of Rs. 80--5--100--6--130. This was only a temporary appointment and it is contended by the petitioner that this order had the effect of reducing the petitioner's rank from the post of a clerk in a higher scale to a lower one. The petitioner alleges that the impugned orders amount to reduction in rank and as he was a civil servant under Article 311 of the Constitution he was entitled to an opportunity being given to him to show cause against such orders.

(3.) In the affidavit filed in support of the petition it has been stated that the petitioner's work was throughout appreciated and he was never found guilty of any misconduct which would disentitle him to remain in service.