Court No. - 4 Case :- WRIT - A No. - 2637 of 2015
Petitioner :- Ram Shringar And 4 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Girijesh Tiwari
Counsel for Respondent :- C.S.C.,Shyam Krishna
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri Girijesh Tiwari, learned counsel for the petitioners, Sri Shyam Krishna Gupta, learned counsel for respondent nos. 3 & 4 and learned Standing Counsel for respondent nos. 1 & 2.
That the controversy involved in the present writ petition has been decided by this Court vide judgment dated 28.10.2014 in Writ Petition No. 3035 (S/S) of 2014, Priyanka Shukla Vs. State of U.P. and others wherein it was held that the services rendered by a teacher in any of the local area is liable to be counted for the purpose of determination of eligibility under Rule 8 (3) for promotion. However, it is clear that the seniority is to determined as per Rule 22(2) in case of incumbents who have been transferred from one local area to another or from one District to another.
In Priyanka Shukla (supra), the observation and direction are as under:-
"Thus, the teaching experience gained by a teacher is liable to be counted under Rule 18, while considering his case for promotion. However, this itself will not entitle a teacher to be promoted as the same is to be granted on the basis of seniority list as per Rule 22 (2). In view of the above, I am of the opinion that the petitioners herein (except petitioner no.8, who admittedly does not have five years teaching experience) are also entitled for their case being considered for promotion in accordance with law by the Selection Committee, provided they are, otherwise, found to be eligible. This is of course, in order of seniority subject to rejection of unfit, as provided under Rule 18. Accordingly, writ petition is disposed of with direction to respondent no.4 to take appropriate action with regard to the claim of the petitioners for promotion in accordance with Rule 18, by counting their services rendered since date of their initial appointment, for purposes of teaching Neutral Citation No. - 2015:AHC:8318
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experience. In case the petitioners are not found entitled to be promoted, they shall be duly intimated.
Writ petition stands disposed of subject to aforesaid observations/ directions."
In view of the aforesaid facts and circumstances, this writ petition is
disposed of in the same terms and conditions as contained in the judgment and order dated 28.10.2014 referred to above with the direction to respondent no. 4 i.e. District Basic Education Officer District- Deoria to take appropriate action with regard to the claim of the petitioner for promotion in view of Rules 18 read with Rule 22, by counting his services rendered since the date of his initial appointment, for the purposes of eligibility/teaching experience as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order.
Order Date :- 23.1.2015
B.K.
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