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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, CJ., Rakesh Thapliyal, J.
Anusuya Prasad Purohit and others - Appellants
Versus
State of Uttarakhand and another - Respondents
Review Application No. 5441 of 2023 in Special Appeal No. 269 of 2014
Decided On : 06-03-2024
Review - Seniority - Uttarakhand Subordinate Service Education (Trained Graduate Grade) Service Rules, 2006 - The court interpreted the rules governing seniority and recruitment, emphasizing that seniority must be determined from the date of adjustment, not prior service, to maintain the integrity of the recruitment framework.
Fact of the Case:
The petitioners, initially appointed as teachers, sought seniority from the date they were granted a pay scale equivalent to Assistant Teacher LT Grade after being adjusted to that post under the Uttarakhand Subordinate Service Education Rules, 2006.
Finding of the Court:
The court found that the petitioners' adjustment was voluntary and governed by specific rules, which dictate that seniority is determined from the date of adjustment, not from prior service in a different cadre.
Issues: Whether the petitioners are entitled to have their seniority counted from the date they were granted a pay scale equivalent to Assistant Teacher LT Grade, rather than from the date of their adjustment.
Ratio Decidendi: The court held that seniority must be computed from the date of adjustment as per the relevant rules, which were not adequately considered in the previous judgment.
Result: The review application is allowed, and the previous judgment is recalled, affirming the dismissal of the writ petition.
JUDGMENT :
Rakesh Thapliyal, J.
1. The instant review application has been preferred by the respondent - State against the judgment and order dated 07.07.2014 passed by this Court in the present appeal i.e. Special Appeal No. 269 of 2014 (Anusuya Prasad Purohit Vs. State of Uttarakhand) whereby the appeal has been allowed by setting aside the judgment passed by learned Single Judge dated 07.04.2014 passed in WPSS No. 375 of 2012 and direction has been issued that service of the petitioners / appellants shall be counted from the date the petitioners / appellants were granted pay scale of Rs. 5500 – 9000 on the post of Head Master / Assistant Teacher in Madhyamik Schools.
2. Brief facts of the present case are that Writ Petition (SS) No. 375 of 2012 was preferred by the petitioners / appellants with a relief that Mandamus be issued to the respondents to give seniority from the date when they were drawing the pay scale which was equivalent to Assistant Teacher (LT Grade). The main contention was that petitioners / appellants were initially appointed as Teacher in the Basic School Cadre governed by U.P. Basic Education Board. After re-organization of the State of Uttarakhand in the year 2006, vide Notification dated 28.07.2006, the Uttarakhand Subordinate Service Education (Trained Graduate Grade) Service Rules, 2006 (hereinafter referred to as “the Rules, 2006”) were notified. Certain relevant provision of the said Rules are being reproduced herein as under:
Assistant Master (General Branch) / Assistant Mistress (General Branch and Women’s Branch):-
(1) 70 percent posts by direct recruitment.
(2) 25 percent posts from head Teacher Primary School, Assistant Teacher Junior High School and Assistant Teacher Government Model School working under Government Elementary Education by adjustment. Provided that if eligible persons are not available, such posts may be filled by promotion on the basis of seniority subject to the rejection of unfit from such Assistant Teacher's of Government Primary Schools, as fulfill qualifications prescribed under Clause (i), (ii) and (iii) of the Sub-rule (1) of Rule 16.
(3) 5 Percent posts by departmental written examination from Assistant Teacher Primary School, Head Teacher Primary School, Assistant Teacher Junior High School and Assistant Teacher Government Model School working under Government Elementary Education who fulfill qualification prescribed under Rule 8.”
x x x x
Rule 15 Procedure for direct recruitment - (1) The Regional Additional Director of Education concerned shall provide the description of vacancies of Girl's Schools (women's branch) and Co-educational Schools (General Branch) to be filled by direct recruitment, which have been determined under Rule 14 to the Director, School Education. Then, the Director, School Education shall advertise the vacancies subject-wise in at least two leading daily news papers having wide circulation in the regions of the State and invite application for direct recruitment in the prescribed proforma as may be specified in the advertisement. Such advertisement shall inter alia, mention the pay and allowances relating to the posts, academic qualification for appointment thereto, and maximum age and such other information as may be considered necessary.
(2)The application based on the proforma mentioned in the advertisement referred to in line (1) shall be sent, by registered post, so as to reach on the address specified in the advertisement on or before the last date of receipt of application mentioned in the advertisement.
(3) The application referred to in Clause (2) shall be accompanied by - (One) a fee, as determined by the State Government at the time being, in the form of Crossed Bank Draft, as specified in the advertisement. (Two) other documents as specified in the advertisement.
(4) No Application sent without the specified bank draft and other spec
Seniority of a person who is appointed to a post in accordance with Rules by enjoying all the benefits of regular service are entitled to seniority from the date of appointment.
Seniority among teachers is determined by the date of acquiring training qualifications, not merely by the date of appointment.
Seniority among teachers is determined by the date of substantive appointment and possession of requisite qualifications at that time, with untrained teachers not equating their service with trained ....
The main legal point established is that seniority is determined based on substantive appointment and age, as specified in the regulations of the Intermediate Education Act, 1921, overriding the time....
A public servant has no right to claim seniority in the cadre to which he belongs, and the rules of business do not create or confer a right on a public servant to come and apply for a writ under Art....
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