HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. – 36
Case :- WRIT – A No. – 69714 of 2015
Petitioner :- Sunil Kumar Dubey And 46 Others
Respondent :- State Of U.P. And 13 Others
Counsel for Petitioner :- Mukesh Kumar Singh,A.Khare,Ashok Khare
Counsel for Respondent :- C.S.C.,Anup Dhar Dubey,Arvind Prabodh Dubey,Pranesh Dutt Tripathi,Satyendra Kumar Mishra,Sunil Kumar Singh,Vinay Kumar Rai,Yogendra Kumar Srivastava
Hon’ble Mrs. Sunita Agarwal,J.
1. Heard Sri Ashok Khare learned Senior Advocate assisted by Sri Mukesh Kumar Singh learned Advocate for the petitioner, Sri Pranesh Dutt Tripathi learned Advocate for the respondent no. 4. Sri Arvind Prabodh Dubey learned Advocate has put in appearance on behalf of the respondent no. 5 and Sri Anup Dhar Dubey and Sri Yogendra Kumar Srivastava learned Advocates appear on behalf of respondent nos. 8 to 11.
2. The present writ petition has been filed by 47 persons working on the post of Assistant Teacher, Senior Basic School/Headmaster, Junior Basic School (both carrying the same pay scale), seeking for quashing of the promotion orders dated 31.7.2015 for granting promotion to the post of Headmaster, Senior Basic School to a total number of 437 persons. Further, prayer is to direct the respondents to redetermine the seniority position of the petitioners herein from the date of their substantive appointment and not from the date of joining on the post of Assistant Teacher, Junior Basic School.
3. The private respondent nos. 5 to 14 are impleaded in representative capacity to represent the promotees, who were granted promotion on the post of Headmaster, Senior Basic School on 31.7.2015.
4. Sri Anup Dhar Dubey and Sri Yogendra Kumar Srivastava learned Advocates appearing on behalf of respondent nos. 8 to 11 and have filed a counter affidavit on their behalf. Respondent no. 5 is represented by Sri Arvind Prabodh Dubey learned Advocate who had filed his Vakalatnama on 15.7.2019.
5. The facts in brief relevant to decide the controversy at hand are that total 208 candidates were issued appointment letters in District Kushinagar on 25.11.1999 for appointment as Assistant Teacher in Junior Basic School after completion of Special B.T.C. Training Course-1999, after getting certificate dated 25.10.1999 as successful candidates. There is no dispute about the date of issuance of the appointment letters to the petitioners herein, which is 25.11.1999 in case of all the candidates including the petitioners and the respondents herein. It is also admitted that 15 days time was provided to the candidates to join the post of Assistant Teacher in Junior Basic School.
6. The petitioners being teachers working in the schools run by Basic Education Board, their recruitment is governed by the provisions of U.P. Basic Education (Teachers Service) Rules 1981 (hereinafter referred to as “the Rules, 1981”). The appointing authority for all categories of posts under the Rules, 1981 is the Basic Education Officer of the concerned district.
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