PRAFULLA C.PANT, J. - (1.) BY means of this writ petition moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the respondents to treat the services of the petitioner regularized in L.T. grade w.e.f. 1.10.1990. Also, the writ in the nature of certiorari is sought for quashing of order dated 17.1.2003 where by the representation of the petitioner was dismissed by the Addl. Director of Education.
(2.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Assistant Teacher (English) in L.T. Grade in the pay scale of 1400-2300 on ad hoc basis in the Government High School Raingol, District Almora vide order dated 4th September, 1990 (copy at Annexure-1 to the writ petition ) by the Deputy Director of Education, Kumaon Mandal, Nainital. In compliance of said orders, the petitioner joined has duties on 19.9.1990 in the aforesaid place of his posting. Since then the petitioner is continuously working as Assistant Teacher in L.T. grade and presently posted in Government Intermediate College, Haripur Jamansingh, Haldwani, District Nainital. A Government Order dated 21.11.1995 (copy Annexure-2 to the writ petition) was issued by the State of Uttar Pradesh directing regularizing services of the ad hoc Assistant Teachers in L.T. grade, appointed prior to 1.10.1990. It is also clarified in said Government Order that the date of regualrization is 1st October, 1990. A seniority list was also required to be made in compliance of the said Government Order on 21.11.1995. The respondent No. 3 issued Order of regularization of petitioner on the post of Assistant Teacher, L.T. Grade on 31.12.1995 (copy Annexure-3 to the writ petition). However, the respondent did not prepare the seniority list as required under the G.O. One Pooran Singh Bhandari who was promoted on ad hoc basis in L.T. Grade in the year 1991 has been given ad hoc promotion on 25.11.1998 to the post of a lecturer. A true copy of the order dated 13.11.1999 showing ad hoc promotion in L.T. Grade of Shri Pooran Singh Bhandari has annexed as Annexue-5 to the writ petition, the seniority list of L.T. Grade appointees issued by the respondents on 18.9.2001 does not show the name of the petitioner in the seniority list. The petitioner made a representation for treating his rgularization w.e.f. 1.10.1990 and to include his name in the seniority list but the same was rejected vide order dated 17.1.2003 (during the pendency of this writ petition). As such by amending the writ petition in addition to the mandamus, direction in name of certiorari was sought to quash the said orders. The respondents have filed a counter affidavit in which it has been admitted that the petitioner was appointed as Assistant Teacher (English ) in L.T. Grade vide order dated 4.9.1990 and joined his duties on 19.9.1990. However, it is stated that the appointment of the petitioner was only up to 14.5.1991 and on said date his services came to an end. It is further, stated in the counter affidavit that the petitioner filed the writ petition before Allahabad High Court and obtained a stay order in his favour. It is also admitted in the counter affidavit that on 28.11.1997, petitioner was transferred from Government High School, Raingol, Almora to Government Intermediate College, Haripura Jaman Singh, District Nainital. It is admitted in the counter affidavit that the services of the petitioner were regularized on 31.12.1999 In view of the Government Order No. 3179/15-2-95-27 (40)/93, dated 21.11.1995 it is further stated that since no cut-off date for Assistant Teachers regularization is provided as such seniority matter could not be decided. Lastly, it is stated in the counter affidavit that the petitioner is not entitled to the seniority w.e.f. his initial date of appointment. As to the seniority of Shri Pooran Singh Bhandari, it is stated that he was appointed initially in B.T.C. Grade on 28.2.1981 against substantive post and was later promoted to C.T. Grade on 4.6.1981. It is further stated that he was further promoted on ad hoc basis as Assistant Teacher, L.T. Grade on 1.1.1992 and his services were regularized in said Grade vide order dated 27.5.1996 (copy Annexure C.A. 3 to the writ petition). The seniority of Shri Pooran Singh Bhandari is defended by the respondents on the basis of U.P. Government Seniority Service Rules, 1991 and Rule 7 of U.P Government Seniority Service Rules, 1991.
(3.) I heard learned Counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit along with the annexure annexed there to.;