- (1.) Heard learned counsel for the petitioner and Sri Shailendra Kumar Singh for the Respondent No.6 and Mr. Upendra Singh learned Standing Counsel who appears for the District Inspector of Schools.
(2.) The following order was passed on 28.2.2013 in view of the rival claim of the parties: "Heard learned counsel for the petitioner and the learned Standing Counsel for the State. Mr. Rajesh Kumar Srivastava, District Inspector of Schools, Agra has passed the impugned order dated 3rd of January, 2013 after a direction was issued by this Court in writ petition no. 61613 of 2012. The dispute lies in a very short compass. The petitioner being a Class IV employee having been appointed by the respondent Institution was continuing to function in the institution and staked a claim for promotion against the post of a Class III employee. It is undisputed that the petitioner and the respondent no. 6 got the financial approval against their Class IV appointment on the same day. It is also undisputed that the petitioner is senior in age to the respondent no. 6. The approval to the promotion of the petitioner was granted by the District Inspector of Schools, but after release of his salary, the same was withheld by passing an order on the complaint made by the respondent no. 6. The respondent no. 6 was also claiming promotion on the post on the ground that he possessed the higher qualification of Intermediate which is required for the post of Class III employee in an Intermediate College governed by the provisions of the U.P. Intermediate Education Act, 1921. The District Inspector of Schools proceeded to hear the matter and at that stage the petitioner filed writ petition no. 61613 of 2012 aggrieved by the withholding of his salary. The same was disposed of on 27.11.2012 directing the District Inspector of Schools to take a reasoned decision in accordance with law. The impugned order has now been passed reversing the promotion of the petitioner and passing an order in favour of the respondent no. 6 directing the Committee of Management to appoint him as a Class III employee finding him to be senior and also entitled for the post keeping in view his qualification of Intermediate. The petitioner has come up assailing the said order contending that the District Inspector of Schools has completely overlooked the qualifications prescribed for promotion of a Class IV employee to the post of Class III, which is High School only. It is only for the purpose of direct recruitment that the qualification is Intermediate. The District Inspector of Schools according to the petitioner has deliberately passed the impugned order malafidely. Apart from this, the District Inspector of Schools also records that Pawan Kumar Sharma the respondent no. 6 is senior amongst all the three Class IV employees entitled to be considered for promotion. Learned counsel contends that even this finding is perverse as admittedly it was the petitioner who was shown to be senior and it is undisputed that he is senior in age to the respondent no. 6. Prima facie the aforesaid contentions are absolutely correct and there was no occasion for the District Inspector of Schools to have passed a deliberate perverse order to non-suit the petitioner. Sri Rajesh Kumar Srivastava is therefore called upon personally to file his affidavit as to why a recommendation be not made to the State Government for taking disciplinary action against him as he has overlooked the statutory provisions which were desirable to be taken notice of that too even upon a direction of this Court. Until further orders of the Court, the operation of the order dated 3.1.2013 shall remain stayed and the petitioner shall be allowed to function as a Class III employee and shall also be paid his salary. The matter shall be taken up on Thursday next i.e. on 7.3.2013, by which date, Mr. Rajesh Kumar Srivastava shall be present alongwith the records and shall also file his affidavit. A copy of this order be issued to the learned Standing Counsel Sri Upendra Singh free of charges within 24 hours for compliance."
(3.) After the order was passed and communicated, the District Inspector of Schools has filed an affidavit today and he has withdrawn the impugned order dated 3rd January, 2013 impugned herein as Annexure-11 to the writ petition.;