JAGMOHAN SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) The dispute relates to the regularisation of the petitioner as a Lecturer in Mathematics and his seniority in that cadre as against the respondent Nos. 5 and 6. The provisions governing the dispute are contained in the U.P. Secondary Education Services Selection Board Act, 1982 and the UP. Intermediate Education Act, 1921.

(2.) This writ petition has been filed questioning the order dated 24.9.2009 whereby the Regional Joint Director of Education has annulled the regularisation of the petitioner, which was granted on 21.12.1994. The other order under challenge is dated 6th October, 2009, whereby the seniority has been determined between the petitioner and the respondent Nos. 5 and 6.

(3.) Shri Ramesh Upadhyaya, learned counsel for the petitioner contends that the order dated 24.09.2009 has been passed without there being any occasion to do so and further the same is without jurisdiction as the regularisation order dated 21.12.1994 could not have been annulled by way of a review by the Regional Joint Director of Education nor the Joint Director of Education could have cancelled the appointment as such power, according to the petitioner, is possessed with the Director of Education under Section 16-E(10) of the U.P. Intermediate Education Act, 1921. Shri Upadhyaya contends that the petitioner once having been regularised under the provisions of the statutes is an employee in a substantive capacity and therefore cancellation of his appointment does not fall within the jurisdiction of the Regional Joint Director of Education.