UPTET SARKARI NAUKRI News - Promotion Related Basic Education Teacher Case in Allahabad Highcourt-
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- CONTEMPT No. - 2709 of 2014
Applicant :- Priyanka Shukla
Opposite Party :- Shri Dinesh Babu Sharma Posted As Director Basic Edu. & Ors.
Counsel for Applicant :- D.R. Misra
Counsel for Opposite Party :- M M Asthana,C.S.C.,Shobhit Mohan Shukla,Yogendra Nath Mishra
Hon'ble Ritu Raj Awasthi,J.
Mr. Sanjeev Kumar Singh, District Basic Education Officer, Sitapur is present in person before the Court.
This contempt petition arises out of the judgment and order dated 28.10.2014 passed in Writ Petition No. 3035 (S/S) of 2014 whereby following directions were issued:
"In view of the above, this Court is of the firm opinion that the services rendered by the petitioner as assistant teacher in any of the local areas, whether rural or urban, are liable to be counted for determining the teaching experience for the purpose of eligibility for promotion.
The next question which requires to be answered is the relief to which the petitioner is entitled to. Under Rule 18 (2) an eligibility list of candidates in order of seniority has to be prepared by the appointing authority. It has to be placed before the Selection Committee alongwith their character rolls, which shall consider the candidates for promotion on basis of seniority subject to rejection of unfit. It is the specific case of the petitioner that in the urban cadre, large number of vacancies are in existence in the promotional grade. It has been admitted in the letter of the Block Education Officer, Urban Area, Sitapur dated 18.9.2014 addressed to District Basic Education Officer, Sitapur (Annexure-3 to the supplementary counter affidavit of opposite party no.3) that in rural areas the exercise for promotion could not be undertaken since year 2013, because no candidate having five years teaching experience in urban area is available. Evidently, the respondents have not prepared the eligibility list contemplated under Rule 18 (2) on wrong notion of law that service rendered by a candidate in urban area alone is to be counted towards teaching experience for determining the eligibility for promotion. However, in view of the finding recorded above, such stand of the respondents is not sustainable in law. The appointing authority is thus required to prepare an eligibility list of candidates in order of seniority by counting the teaching experience rendered by the candidates while serving in any of the local areas and has to place it before the Selection Committee for further action. It is not disputed that in case the teaching experience of the petitioner in rural area is counted alongwith that in the urban area, she possesses the requisite teaching experience of five years. However, this itself will not entitle the petitioner for promotion. Her case is to be considered for promotion on the basis of seniority list prepared as per Rule 22 (2).
Accordingly, respondent no.3, the appointing authority is directed to prepare the eligibility list of candidates in order of seniority as contemplated under Rule 18 (2) by counting the services rendered by the candidates in any of the local areas and which shall be placed before the Selection Committee alongwith their character rolls. Such exercise is required to be carried out within one month from the date of production of certified copy of this order before respondent no.3. The Selection Committee shall, thereafter, proceed in accordance with the procedure prescribed by Rule 18 (3) and (4). Consequential decision for promotion shall be taken accordingly.
Subject to aforesaid observations/directions, writ petition stands disposed of. "
Mr.Shobhit Mohan Shukla, learned counsel for opposite no. 5 submits that the order of writ court has been fully complied. He has filed the compliance report which is on record.
It is submitted that during pendency of the contempt petition, the petitioner has been considered for promotion giving him the benefit of entire experience gained by him while working as Assistant Teacher in the rural or urban area.� The necessary promotion order for the post of Head Master has been issued on 23.10.2015.
Learned counsel for petitioner submits that similarly situated persons have been promoted vide order dated 30.6.2014, as such the petitioner is required to be promoted from that date.
I am afraid that there is no such direction of the writ court. As per the direction of the Court, the appointing authority was required to prepare the eligibility list of candidates in order of seniority as contemplated under Rule 18(2) by counting the services rendered by the candidates in any of the local area and which shall be placed before the selection� committee along with their character rolls. Such exercise was required to be carried out within one month from the date of production of a certified copy of the order before the appointing authority. The selection committee was therefore required to proceed in accordance with the procedure prescribed by Rule 18(3) and (4)� and consequential decision for promotion was taken accordingly.
I am of the view that the order passed by the writ court has been substantially complied and petitioner has been promoted on the post of Head Master. In case the petitioner is left with any grievance that he has� to be promoted with effect from the back date when similarly situated other persons were promoted, he is at liberty to take appropriate legal recourse which is available to him under law.
With the aforesaid reasons, the contempt petitioner does not survives. It is accordingly dismissed.
Order Date :- 23.11.2015
Arjun/-
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?Court No. - 5
Case :- CONTEMPT No. - 2709 of 2014
Applicant :- Priyanka Shukla
Opposite Party :- Shri Dinesh Babu Sharma Posted As Director Basic Edu. & Ors.
Counsel for Applicant :- D.R. Misra
Counsel for Opposite Party :- M M Asthana,C.S.C.,Shobhit Mohan Shukla,Yogendra Nath Mishra
Hon'ble Ritu Raj Awasthi,J.
Mr. Sanjeev Kumar Singh, District Basic Education Officer, Sitapur is present in person before the Court.
This contempt petition arises out of the judgment and order dated 28.10.2014 passed in Writ Petition No. 3035 (S/S) of 2014 whereby following directions were issued:
"In view of the above, this Court is of the firm opinion that the services rendered by the petitioner as assistant teacher in any of the local areas, whether rural or urban, are liable to be counted for determining the teaching experience for the purpose of eligibility for promotion.
The next question which requires to be answered is the relief to which the petitioner is entitled to. Under Rule 18 (2) an eligibility list of candidates in order of seniority has to be prepared by the appointing authority. It has to be placed before the Selection Committee alongwith their character rolls, which shall consider the candidates for promotion on basis of seniority subject to rejection of unfit. It is the specific case of the petitioner that in the urban cadre, large number of vacancies are in existence in the promotional grade. It has been admitted in the letter of the Block Education Officer, Urban Area, Sitapur dated 18.9.2014 addressed to District Basic Education Officer, Sitapur (Annexure-3 to the supplementary counter affidavit of opposite party no.3) that in rural areas the exercise for promotion could not be undertaken since year 2013, because no candidate having five years teaching experience in urban area is available. Evidently, the respondents have not prepared the eligibility list contemplated under Rule 18 (2) on wrong notion of law that service rendered by a candidate in urban area alone is to be counted towards teaching experience for determining the eligibility for promotion. However, in view of the finding recorded above, such stand of the respondents is not sustainable in law. The appointing authority is thus required to prepare an eligibility list of candidates in order of seniority by counting the teaching experience rendered by the candidates while serving in any of the local areas and has to place it before the Selection Committee for further action. It is not disputed that in case the teaching experience of the petitioner in rural area is counted alongwith that in the urban area, she possesses the requisite teaching experience of five years. However, this itself will not entitle the petitioner for promotion. Her case is to be considered for promotion on the basis of seniority list prepared as per Rule 22 (2).
Accordingly, respondent no.3, the appointing authority is directed to prepare the eligibility list of candidates in order of seniority as contemplated under Rule 18 (2) by counting the services rendered by the candidates in any of the local areas and which shall be placed before the Selection Committee alongwith their character rolls. Such exercise is required to be carried out within one month from the date of production of certified copy of this order before respondent no.3. The Selection Committee shall, thereafter, proceed in accordance with the procedure prescribed by Rule 18 (3) and (4). Consequential decision for promotion shall be taken accordingly.
Subject to aforesaid observations/directions, writ petition stands disposed of. "
Mr.Shobhit Mohan Shukla, learned counsel for opposite no. 5 submits that the order of writ court has been fully complied. He has filed the compliance report which is on record.
It is submitted that during pendency of the contempt petition, the petitioner has been considered for promotion giving him the benefit of entire experience gained by him while working as Assistant Teacher in the rural or urban area.� The necessary promotion order for the post of Head Master has been issued on 23.10.2015.
Learned counsel for petitioner submits that similarly situated persons have been promoted vide order dated 30.6.2014, as such the petitioner is required to be promoted from that date.
I am afraid that there is no such direction of the writ court. As per the direction of the Court, the appointing authority was required to prepare the eligibility list of candidates in order of seniority as contemplated under Rule 18(2) by counting the services rendered by the candidates in any of the local area and which shall be placed before the selection� committee along with their character rolls. Such exercise was required to be carried out within one month from the date of production of a certified copy of the order before the appointing authority. The selection committee was therefore required to proceed in accordance with the procedure prescribed by Rule 18(3) and (4)� and consequential decision for promotion was taken accordingly.
I am of the view that the order passed by the writ court has been substantially complied and petitioner has been promoted on the post of Head Master. In case the petitioner is left with any grievance that he has� to be promoted with effect from the back date when similarly situated other persons were promoted, he is at liberty to take appropriate legal recourse which is available to him under law.
With the aforesaid reasons, the contempt petitioner does not survives. It is accordingly dismissed.
Order Date :- 23.11.2015
Arjun/-
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
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