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ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Lal Mani – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This intra-court appeal is filed by the appellant, Lal Mani, against the judgment and order dated 25.08.2023, passed by the Single Judge in Writ-A No.10696 of 2023 (Jeet Lal Saroj Vs. The State of U.P. And 3 Others).
2. The appellant was the respondent in the writ petition filed before the learned Single Judge. He was appointed as 'Assistant Teacher' in 'Physical Education' on 05.10.2006 in L.T. Grade. He sought transfer to Saraswati Shiksha Sadan Intermediate College, Marron, Handia, District Prayagraj (herinafter referred to as 'Institution') and the same was allowed vide order dated 07.01.2016. The appellant consequently joined on 01.02.2016.
3. As against the case of appellant, the respondent/writ petitioner was appointed as Lecturer on substantive basis on 08.12.2010. His appointment was pursuant to the recruitment exercise undertaken by the U.P. Secondary Education Service Selection Board vide Advertisement No.1 of 2009. The respondent/writ petitioner actually joined on 04.01.2011 in a different institution. He too sought transfer, which was allowed on 28.06.2019 and he acutally joined on 04.07.2019.
4. The substantive post of Principal in the institution fell vacan
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
Seniority among Assistant Professors must be determined by the date of entry into the cadre, not merely by re-designation, as per the KS&SSR.
Seniority in service must be determined from the date of adjustment as per the governing rules, not from prior service in a different cadre.
The date of entry into service should determine seniority, and any departure from this principle must be consistent with the requirements of Articles 14 and 16 of the Constitution.
Seniority among teachers is determined by the date of acquiring training qualifications, not merely by the date of appointment.
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