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RITU BAHRI, RAKESH THAPLIYAL
Anusuya Prasad Purohit – Appellant
Versus
State of Uttarakhand – Respondent
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 2
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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