Brijesh Verma, J. - (1.) The above noted two writ petitions arise out of a common judgment dated 1-3-1980, passed by the U. P. Public Services Tribunal, on the claim petitions separately filed by the petitioners against the orders of their reversion from the post of Head Mistresses to the post of Assistant Teachers. In this Court, they filed writ petitions separately. Since common question of law is involved, these petitions are proposed to be disposed of by one common judgment.
(2.) The brief facts of the case are that Smt. Vimla Kumari Srivastava was appointed as Assistant Teacher in the Primary School, Municipal Board, Lucknow in the year 1959. Smt. Champa Seth was appointed as Assistant teacher in the Primary School of Nagar Mahapalika, Lucknow in the year 1971; she was promoted to the post of Head Mistress in the year 1965 whereas Smt. Vimla Kumari Srivastava was promoted as Head Mistress in the year 1972. On coming into force of Basic Shiksha Adhiniyam, these Schools were covered by the provisions of the said Act. Both above mentioned petitioners were reverted to the post of Assistant Teachers in the year 1975. They preferred writ petitions in this Court which was allowed holding that the orders of their reversion were bad in absence of any opportunity having been afforded to them before reversion. The order of this Court was passed on July 30, 1975.
(3.) Thereafter show cause notices were served upon the petitioners, true copies of which have been annexed alongwith the writ petitions. The notices indicated that the petitioners were temporarily promoted to the posts of Head Mistress. According to the U. P. Nagar Mahapalika Shiksha Sewa Niyamavali, Part IV, Rule 18, promotion to the post of Head Mistress could be made by competent authority from amongst the permanent teachers. The notices, however, said that the petitioners were not permanent Assistant Teachers, hence their promotion to the post of Head Mistress was not in accordance with the Rules. Another ground indicated in the notice was that the selection was not made through a Selection Committee duly constituted for the purpose, but it was through a Selection Committee consisting of Up Nagar Adhikari, Mukhya Nagar Lekha Parikshak and Shiksha Adhikshika, Nagar Mahapalika Lucknow. The petitioners had submitted their replies to the show cause notices which, it appears, were not acceptable to the opposite-parties, hence fresh orders of reversion dated 3-10-1977 were passed reverting the petitioners to the post of Assistant Teachers. As indicated earlier the petitioners filed separate claim petitions before the Public Services Tribunal impugning the orders of the reversion. The claim petitions were resisted on behalf of the opposite-parties on the grounds mentioned in the show cause notices as well as on the ground that there were other senior persons available for promotion, hence the petitioners could not be promoted ignoring those persons. The Public Services Tribunal dismissed the claim petitions repelling the contentions of the petitioners that they were qualified for being promoted to the post of Head Mistress as they were permanent Assistant Teachers. The Tribunal also found that since promotions were from lower post to the higher post, then seniority had to be taken into consideration alongwith merit. It also observed that there was nothing to show that the petitioners were permanently promoted as Head Mistress. According to the Tribunal, their promotions appear to have been made on temporary basis, The Tribunal also observed, "When it has been found that the senior candidates were overlooked in making selection for the posts of Head Mistresses and that the petitioners were not really qualified for promotion being not permanent Assistant Teachers then if after giving opportunity of showing cause to the petitioners the orders in question have been passed for reverting the petitioners to their original posts of Assistant Teachers, then it cannot be said that there is any such illegality in the orders on which it could be set aside".;