KRISHNA KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Anoop Trivedi learned Counsel for the petitioner and Sri K. K. Chand, learned Standing Counsel.

(2.) BY this writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 8th March, 2007 passed by the Additional Director of education (Madhyamik), Uttar Pradesh rejecting the representation of the petitioner dated 6th October, 2004 claiming addition of period of his ad-hoc appointment from 8. 1. 1975 till 7th April, 1981 for seniority. A writ of mandamus has also been sought commanding the respondents to prepare a fresh seniority list computing the seniority of the petitioner from the date of initial joining, i. e. , with effect from 8th January, 1975.

(3.) BRIEF facts necessary for deciding the writ petition are; the petitioner was appointed as Assistant Teacher (L. T. Grade) in Government Inter College, arakot (Uttarkashi) on temporary basis by order of the Director of Education dated 24th December, 1974 in pursuance of which he joined on 8th January, 1975 as Assistant Teacher. Petitioner's services were regularised by an order dated 8th April, 1981 in accordance with the provisions of U. P. Regularisation of adhoc Appointment (On Posts within the purview of the Public Service commission) Rules, 1979. His substantive appointment has been treated with effect from 8th April, 1981 and on that basis he has also been granted promotion on the post of lecturer. The petitioner filed a writ petition being Writ petition No. 14553 of 2005 claiming seniority from 8th January, 1975, which was disposed of by this Court vide its order dated 8th December, 2006. In pursuance of the order of this Court, the Additional Director of Education rejected the representation taking the view that petitioner was working only on ad-hoc basis as L. T. Grade Teacher from 8. 1. 1975 till his services were regularised, hence his seniority can be reckoned only from the date of his substantive appointment, i. e. , 8th April, 1981.