HIGH COURT OF UTTARAKHAND
ARVIND KUMAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 725 / 2024
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
WPSS No. 936 of 2023
with
WPSS No. 826 of 2023
WPSS No. 1511 of 2023
WPSS No. 725 of 2024
Hon’ble Manoj Kumar Tiwari, J.
Mr. Parikshit Saini Advocate for the
petitioners in WPSS Nos. 936 & 826 of 2023 and Advocate for respondent no. 5
in WPSS No. 1511 of 2023.
2. Mr. Sandeep Tiwari, Advocate for petitioners in WPSS No. 1511 of 2023 & WPSS No. 725 of 2024 and Advocate for respondent no. 6 in WPSS Nos. 936 &
826 of 2023.
3. Mr. Narain Dutt, Standing Counsel
for the State of Uttarakhand.
4. Mr. Navneet Kaushik Advocate for
respondent nos. 6 & 8.
5. Mr. Nagesh Aggarwal, Advocate for
respondent no. 7.
6. Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are being decided by a common
judgment.
7. Petitioners are serving as Assistant Teacher, L.T. Grade in K.L.D.A.V. Inter College, Roorkee, Haridwar, which is receiving financial aid from the State Government. In all the writ petitions, petitioners have raised claim regarding seniority, as each of them says that he is entitled to be placed in the seniority list
above other teachers.
8. Learned State Counsel, however, points out that the competent authority to finalise seniority list of teachers, has not finalised the list as yet. He further submits that anyone aggrieved by the seniority list, as finalised by Committee of Management, may file an appeal before the Regional Additional Director of Education. Learned State Counsel thus submits that petitioners have approached this Court without there being any determination of seniority by the competent authority.
9. Mr. Parikshit Saini, Mr. Sandeep Tiwari, Mr. Navneet Kaushik and Mr. Nagesh Aggarwal, learned counsels also concede that the Committee of Management is yet to finalise the seniority list, even though, the last appointment on the post of Assistant teacher, L.T. Grade was made in the month of August, 2015.
10. The teachers, who are litigating were appointed on or before 10.08.2015. Under 2009 Regulations framed by the State Government under Uttarakhand School Education Act, it is the duty of the Committee of Management to finalise the seniority list. It is unfortunate that the seniority list has not been finalised even after expiry of ten years of the appointment of the persons, who are before this Court.
11. The writ petitions, are, accordingly disposed of by directing the Manager / Authorised Controller of the institution in question to determine the inter-se seniority of all persons, serving as Assistant Teacher, L.T. Grade and issue a tentative seniority list, within three weeks from the date of presentation of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.