Allahabad High Court
Yogendra Nath Tripathi vs State Of U.P. And 6 Ors. on 24 March, 2015
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - A No. - 15197 of 2015 Petitioner :- Yogendra Nath Tripathi Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- R.C. Dwivedi Counsel for Respondent :- C.S.C.,R.S. Dubey Hon'ble Abhinava Upadhya,J.
The grievance of the petitioner in this writ petition is that he was initially appointed as CT Grade Teacher in the year 1980. Thereafter, he was promoted after five years in the year 1985 as LT Grade Teacher. He was given ad hoc promotion as Lecturer (Hindi) in the year 1986 and since then he was working as Lecturer (Hindi). In 2013 a dispute was raised by respondent no.6 with regard to seniority of the petitioner which matter went up to the Joint Director of Education, who has held the petitioner to be senior than the respondent no.6 by order dated 4.12.2013. In 2014 a vacancy of Principal arose in the Institution and the petitioner being the senior most teacher was appointed ad hoc Principal and was continuing as such. Suddenly respondent no.7, who had never raised a dispute with regard to seniority of the petitioner, raised a dispute and the DIOS on its own by the order impugned held the petitioner not to be qualified for the post of Lecturer and reverted him to the post of LT Grade Teacher.
Sri R.C.Dwivedi, learned counsel appearing for the petitioner submits that the action of the DIOS is punitive in nature and he could not have acted with prior approval of the Service Selection Board under Section 21 of the 1982 Act.
The matter requires consideration.
Learned Standing Counsel represents respondents no.1 to 4.
Issue notice to respondents no.5,6 and 7 returnable at an early date for which learned counsel for the petitioner will take steps for service of notice upon respondents no.5 to 7 within a week.
The respondents may file counter affidavit within one month.
List after service of notice.
Till the next date of listing, the operation of the impugned order dated 19.1.2015 shall remain stayed.
Order Date :- 24.3.2015 SKM