Seniority reckoned from regular appointment and joining date per rules, not prior non-selection or volunteer service; failure to object tentative list, comply with tribunal directions, and implead affected parties bars antedated seniority claim.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Jagjit Singh, a Trained Graduate Teacher [TGT] [Non-Medical] initially filed Original Application No.3839 of 2003 before Learned State Administrative Tribunal and upon abolition of Learned Tribunal, the matter was transferred to this Court as CWPOA No.489 of 2019, seeking the following reliefs:-

“7 (a) That the respondents may very kindly be directed to grant seniority to the applicant as TGT (Non Medical) at the appropriate place in the seniority list at Annexure A-6 by considering his appointment as such w.e.f. 1990 i.e. when he was due to be appointed as such. .

7 (b) That the seniority list of TGTs at Annexure A-6, may very kindly be ordered to be modified after assigning placement to the applicant at the appropriate place.”

FACTUAL MATRIX:

2. Grievance is that the petitioner passed B.Sc. in 1984 and he appeared in B.Ed. Examination of 1987-1988 but was shown as re-appear which was cleared in 1989 and after clearing re-appear, his B.Ed. Batch should have related back to 1987-1988 Batch instead of 1988-1989 Batch.

2(i). It is averred that respondents resorted to the selection for post of TGT [Non-Medical] through Himachal Pradesh Public Service Commission in May 1990 and in March 1991 but since the respondents considered the B.Ed. Batch of the petitioner to be of September 1989 [Annexure A-2], therefore, the petitioner filed an Original Application No.1924 of 1991 claiming his B.Ed. Batch to be of 1987-1988. This Original Application was decided by the Learned Tribunal on 17.12.2001 [Annexure A-3], whereby, the petitioner was deemed to be B.Ed. of September 1988 Batch and not September 1989 Batch. It is averred that while passing the order dated 17.12.2001 [Annexure A-3], the Learned Tribunal directed the petitioner to approach Respondent No.2-Director of Education, Himachal Pradesh, for job on the basis of this order, within two months.

2(ii). It is averred that in subsequent selection, the petitioner was appointed as TGT [Non-Medical], on regular basis, in terms of order dated 02.05.1994 [Annexure A-5] and he joined as TGT [Non-Medical] on 22.10.1994 in GSSS Sarahar, District Kullu. After his regular appointment, the petitioner continued to work as regular TGT [Non-Medical] with the respondents. On 10.02.2003 [Annexure A-6], Respondent No.2- Director of Education, Himachal Pradesh, issued a Tentative Seniority List of TGTs as on 31.12.2000, wherein, the petitioner was shown at Seniority No.5124, which was reckoned from the date of joining as regular TGT [Non-Medical] on 22.10.1994. In this backdrop, the case of the petitioner is that once he was entitled for appointment as TGT [Non-Medical] from May 1990 or from March 1991; therefore, instead of determining his seniority in the Seniority List dated 10.02.2003 [Annexure A-6] from 22.10.1994, the seniority of the petitioner should have been determined from May 1990/March 1991 and, therefore, the petitioner has sought modification of seniority, firstly, that the petitioner should be assigned seniority as TGT [Non-Medical] from May 1990 or March 1991 when he was not selected as TGT [Non-Medical] by placing him in junior batch and, therefore, secondly, from the date he was appointed as Volunteer Teacher in February 1992 after being appointed/joined in subsequent selection on 22.10.1994, his seniority to be reckoned from the date he was denied appointment as TGT [Non-Medical] on earlier occasions, with all consequential benefits.

STAND OF RESPONDENTS IN REPLY-AFFIDAVIT:

3. Pursuant to issuance of notice on 07.01.2004, Respondents-State Authorities have filed a Reply-Affidavit dated 10.04.2012 of Director of Education, Himachal Pradesh.

3(i). Reply-Affidavit indicates that though petitioner had appeared for B.Ed. Examination