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IN THE HIGH COURT OF ALLAHABAD
Mrs. Shobha Dikshit, J.
JAGAT NARAIN DWIVEDI - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, PRATAPGARH - Respondents
Writ Petition 7669 (S/s) Of 1992
Decided On : 09/02/1997
INTER SE SENIORITY - TEACHERS - U. P. INTERMEDIATE EDUCATION ACT - RELEVANT DATE - APPROVAL OF APPOINTMENT - NOT DATE OF JOINING.
Fact of the Case:
Three teachers, Sarva Sri J. N. Dwivedi, S. N. Shukla, and S. P. Tripathi, were duly selected for the subjects--Economics, Geography, and Hindi, and their selection was approved by the concerned District Inspector of Schools vide orders dated 11. 7. 1973. The appointment of Sri J. N. Dwivedi and Sri S. N. Shukla was by way of direct selection whereas Sri S. P. Tripathi was approved for being promoted to teach the subject of Hindi in lecturers grade. Pursuant to the aforesaid approval, the Committee of Management issued appointment letters and delivered them personally to Sri J. N. Dwivedi and Sri S. N. Shukla on 23. 7. 1973. Sri J. N. Dwivedi claims that he joined the post immediately thereafter on 23. 7. 1973 in the afternoon at 1. 30 p. m. whereas sri S. N. Shukla joined the post at 10 a. m. on 24. 7. 1973. Sri S. P. Tripathi also joined the post on 24. 7. 1973.
Finding of the Court:
The Court held that the relevant date for determining inter se seniority amongst the teachers in the lecturers grade is the date of approval of the order of appointment or promotion in that grade and not the date of joining the post. The Court relied on the provisions of Regulation 3 of Chapter II of the U. P. Intermediate Education Act, which provides that the seniority list shall be prepared separately for each grade of teachers and that seniority shall be determined on the basis of substantive appointment in that grade.
Issues: 1. Whether the relevant date for determining inter se seniority amongst the teachers in the lecturers grade is the date of joining the post or the date of approval of the order of appointment or promotion in that grade? 2. Whether the seniority list prepared by the Committee of Management in 1974, based on the date of initial appointment of the teachers in any grade in the College, is valid for the purpose of determining inter se seniority for promotion/officiation, etc., which is required to be prepared separately for each grade based on the date of approval of the appointment?
Ratio Decidendi: The Court held that the relevant date for determining inter se seniority amongst the teachers in the lecturers grade is the date of approval of the order of appointment or promotion in that grade and not the date of joining the post. The Court relied on the provisions of Regulation 3 of Chapter II of the U. P. Intermediate Education Act, which provides that the seniority list shall be prepared separately for each grade of teachers and that seniority shall be determined on the basis of substantive appointment in that grade. The Court further held that the seniority list prepared by the Committee of Management in 1974, based on the date of initial appointment of the teachers in any grade in the College, is not valid for the purpose of determining inter se seniority for promotion/officiation, etc., which is required to be prepared separately for each grade based on the date of approval of the appointment.
Final Decision: The Court allowed the writ petition filed by Sri S. N. Shukla and quashed the resolutions/orders dated 24. 5. 1991, 28. 6. 1993, and 25. 7. 1993 passed by the Committee of Management. The Court also quashed the orders dated 29. 7. 1992 and 2. 4. 1994 passed by the District Inspector of Schools and directed the respondents to give the charge of the post of Principal (ad hoc) to Sri S. N. Shukla forthwith. The Court dismissed the writ petitions filed by Sri J. N. Dwivedi and Sri S. P. Tripathi.
( 1 ) THE short question which falls for consideration in this writ petition is as to what is the relevant date for the purpose of determining inter se seniority amongst the teachers in the lecturers grade, i. e. , whether the date of joining the post in the grade or the date of approval of the order of appointment or promotion in that grade is the relevant date. In the present case, the teachers Sarva Sri J. N. Dwivedi, S. N. Shukla and S. P. Tripathi were duly selected for the subjects--Economics, Geography and Hindi and their selection was also approved by the concerned District Inspector of Schools vide orders dated 11. 7. 1973. The appointment of Sri J. N. Dwivedi and Sri S. N. Shukla was by way of direct selection whereas Sri S. P. Tripathi was approved for being promoted to teach the subject of Hindi in lecturers grade. Pursuant to the aforesaid approval, the Committee of Management issued appointment letters and delivered them personally to Sri J. N. Dwivedi and Sri S. N. Shukla on 23. 7. 1973. Sri J. N. Dwivedi claims that he joined the post immediately thereafter on 23. 7. 1973 in the afternoon at 1. 30 p. m. whereas sri S. N. Shukla joined the post at 10 a. m. on 24. 7. 1973. Sri S. P. Tripathi also joined the post on 24. 7. 1973. Since Sri J. N. Dwivedi joined the post in the afternoon, his salary for the said post was paid with effect from 24. 7. 1973 as per rules. Other two teachers were also paid their salary with effect from 24. 7. 1973.
( 2 ) THE District Inspector of Schools who initially approved the promotion of Sri S. P. Tripathi in the lecturers grade vide orders dated 11. 7. 1973, subsequently on coming to know that he did not possess the minimum experience of 5 years continuous service in L. T grade and was lacking in the essential qualifications for being promoted from L. T. grade to lecturers grade, cancelled the same vide orders dated 24. 7. 1973. The post of lecturer in Hindi was advertised afresh through direct recruitment. Sri S. P. Tripathi applied for this post and was selected in this direct selection held on 6. 8. 1973. The District Inspector of Schools approved this selection and appointment of sri S. P. Tripathi on the post of lecturer in Hindi vide his order dated 7. 11. 1973. It is in the aforesaid background that the aforesaid three lecturers are claiming seniority over each others and this triangular contest has resulted into filing of the abovenoted writ petitions by each one of them. Sri Jagat Narain Dwivedi has filed Writ Petition No. 11517 (S/s) of 1990 as also Writ petition No. 4899 (S/s) of 1994, Sri S. N. Shukla Writ Petition No. 7669 (S/s) of 1992 and Sri s. P. Tripathi Writ Petition No. 12097 (S/s) of 1990 along with Committee of Management of the institution in question.
( 3 ) THE question of seniority assumed greater importance when the occasion arose for officiation or ad hoc appointment to the post of Head of the Institution, i. e. , Principal. Section 16e of U. P. Intermediate Education Act (hereinafter referred to as the Act) provides the manner and mode for making appointment on the post of Head of the Institution and teachers of an Institution. The committee of Management has been vested with the power to make such appointments in the manner provided in the sub-section (2 ). Sub-section (3), provides that no person shall be appointed as Head of the Institution or teacher in an Institution unless he possesses the prescribed minimum qualifications. Regulations have been framed under the Act for the purpose of this Sections 16e, 16f and 16ff and are contained in Chapter II. Relevant Regulation 3 dealing with determination of inter se seniority is quoted hereinbelow for reference.
"3. (1) The Committee of Management of every institution shall cause a seniority list of teachers to be prepared in accordance with the following provisions : (a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any sub
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