जूनियर हाईस्कूल के प्रधानाध्यापक पद पर प्रथम नियुक्ति तिथि से पदोन्नत हो चुके शिक्षकों को पदोन्नति का वेतन देने का हाईकोर्ट ने दिया आदेश

जूनियर हाईस्कूल के प्रधानाध्यापक पद पर प्रथम नियुक्ति तिथि से पदोन्नत हो चुके शिक्षकों को पदोन्नति का वेतन देने का हाईकोर्ट ने दिया आदेश

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 21 

Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2017 

Appellant :- Bhujwal Singh 

Respondent :- Vivek Kumar And 5 Others 

Counsel for Appellant :- Indra Raj Singh,Dharmraj Chaudhary 

Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sunil Kumar Singh 

Hon'ble V.K. Shukla,J. 

Hon'ble Mrs. Sangeeta Chandra,J. 

For the reasons stated in the affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning the delay in filing of present special appeal, the delay condonation application is allowed. 

Special Appeal is treated to have been filed well within time. 

Order Date :- 31.1.2017 

Shekhar 

Court No. - 21 

Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2017 

Appellant :- Bhujwal Singh 

Respondent :- Vivek Kumar And 5 Others 

Counsel for Appellant :- Indra Raj Singh,Dharmraj Chaudhary 

Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sunil Kumar Singh 

Hon'ble V.K. Shukla,J. 

Hon'ble Mrs. Sangeeta Chandra,J. 

Bhujwal Singh s/o Bhupal Singh is before this Court assailing the validity of the order dated 9.9.2016 passed in Writ-A No. 43081 of 2016 wherein the learned Single Judge in exercise of his discretion has proceeded to pass an order staying the operation of the seniority list dated 18.7.2016 as well as the consequential promotion order dated 30.8.2016. 

On the matter being taken up today Sri Indra Raj Singh, Advocate, has tried to contend before us that the seniority list dated 18.7.2016, that has been so prepared, same has been prepared taking note of the provisions as contained under Section 3 (7) of U.P. Act No. 4 of 1994 and there is no infirmity whatsoever in the same. 

Sri K. Shahi, Advocate, on the other hand, has contended that in spite of the fact that objections have been filed at no point of time same has been adverted to and coupled with this it has been sought to be contended that as far as Vivek Kumar is concerned, admittedly, he has been promoted prior in time as compared to Bhujwal Singh but in spite of the same he has been sought to be shown junior. 

Consequently, in the facts of the case, what we find from the order dated 9.9.2016 is that it is purely an interim order and it has been informed at the Bar that till date pleadings inter-se parties have not at all been exchanged and, in view of this, we proceed to pass an order asking therein that after pleadings inter-se parties is exchanged, then looking into the nature of controversy, all attempt and endeavour should be made by the learned Single Judge to decide the matter at the earliest. 

After this order has been passed, Sri Indra Raj Singh, Advocate, has contended that pursuant to the promotion order various incumbents have joined their duties and they are performing their duties at respective places and on account of interim order they are being reverted. 

Once it is being complaint that ex-parte interim order has been passed and based on the same, their rights are being defeated, accordingly, we make it clear that all those incumbents, who have joined their duties on the promotional post prior to passing of the order dated 9.9.2016, their functioning should not at all be disturbed and same shall abide by final order to be passed by the learned Single Judge of this Court. 

With this, special appeal is disposed of. 

Order Date :- 31.1.2017 

Shekhar 

 

 

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