SINDHU SAHAY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order, contained in Letters No. E/11/428 dated 3rd October, 2003 and 9th October, 2003, both issued from the office of Cantonment Board, Ramgarh Cantt., Ramgarh, Jharkhand. By the first letter dated 3rd October, 2003 while the petitioner, Head Mistress of Cantonment Board, Middle School, Ramgarh Cantt. has been informed that in view of the judgment of this Court, the 5th respondent Smt. Indu Singh has been promoted to the post of Head Mistress, Cantonment Board, Middle School, Ramgarh Cantt., Ramgarh, by the second order dated 9th October, 2003 she (petitioner) has been transferred to the post of Head Mistress, Cantonment Board Primary School, Ramgarh Cantt., Ramgarh.

(2.) THE main plea, taken by the petitioner, is that she being senior to the 5th respondent, was rightly promoted and posted as Head Mistress, Cantonment Board, Middle School, Ramgarh Cantt., Ramgarh.

(3.) IT is not in dispute that although the petitioner Smt. Sindhu Sahay was junior to the 5th respondent Smt. Indu Singh, she was given charge of the higher post of Head Mistress in the year, 1996 without considering the case of the 5th respondent. Thereafter, she (Smt. Sindhu Sahay) was promoted on regular basis as Head Mistress in the pay scale of Rs. 2,000 -3,500.00 and was posted as Head Mistress, Cantonment Girls Middle School, Ramgarh, by order dated 7th May, 1999 (Annexure 1). The 5th respondent Smt. Indu Singh, who was senior and was given charge of the higher post of Head Mistress of Cantonment Girls Middle School, Ramgarh Cantt., Ramgarh, was asked to hand over the charge to the petitioner Smt. Sindhu Sahay and thereby for the first time, the 5th respondent was superseded by the petitioner, without considering her case, by order dated 7th May, 1999 as aforesaid, Prior to that none of them was given regular promotion to the post of Head Mistress. During pendency of the writ petition, preferred by 5th respondent in the year, 1998 regarding her promotion to the post of Head Mistress, the petitioner was given promotion as Head Mistress on 7th May, 1999.