R.K.Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, Dr. (Smt.) Meera Tripathi, (hereinafter referred to as "the petitioner") has sought the following reliefs: (a) a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.6.2002 passed by respondent No. 1 (Annexure No. 9 to the petition); (b) a writ, order or direction in the nature of mandamus commanding the respondents to award same benefits to the petitioner which have been awarded to Dr.(Smt.) Uttam Gulati, vide judgment and order dated 3.10.2002 passed by Division Bench of this Hon'ble Court consisting of Hon'ble Mr. Justice M.Katju and Hon'ble Mr. Justice R.B.Misra in Writ Petition No. 43529 of 1999 (Annexure No. 11 to the petition); (c) a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to give to the petitioner all benefits including promotion and seniority, as have been given to Smt. Shail Kumari Yadav who was at sl.6 in the waiting list) and also to Dr. (Smt.) Uttam Gulati in terms of the final judgment and order dated 3.10.2002 passed by this Hon'ble Court in Writ Petition No. 43529 of 1999; (d) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case; and (e) award cost of the petitioner to be paid to the petitioner.
(2.) Briefly stated, the facts giving rise to the present petition are as follows: According to the petitioner, she has done M.A. in Philosophy and Sanskrit, both in the first division. She has also done B.Ed. as well as Ph.D. She was appointed as Principal in the year 1989 in Sri Har Kumari Pathak Kanya Inter College, Shahjahanpur, where she had worked uptill 22.10.1999. In the year 1985, the U.P. Public Service Commission, Allahabad, (hereinafter referred to as "the Commission") advertised various posts of Principals in the Government Inter Colleges throughout the State of U.P. Pursuant to the advertisement, the petitioner applied and was interviewed by the Commission. She was placed at serial No. 2 in the waiting list of the merit list of selected candidates published by the Commission on 14.6.1989. One Dr. (Smt.) Uttam Gulati was placed at serial No. 1 whereas Smt. Shail Kumari Yadav was placed at serial No. 6 in the waiting list. According to the petitioner, there was vacancy of Principal in Government Inter Colleges and as she was not offered appointment, she had no option but to approach this Court by filing Civil Misc. Writ Petition No. 26753 of 1997 which was finally allowed by judgment and order dated 7.12.1998 with a direction to the respondents to appoint her on the post of the Principal in Government Inter College. It may be mentioned here that Dr. (Smt.) Uttam Gulati has also approached this Court by means of Civil Misc. Writ Petition No. 10175 of 1993 which was allowed by this Court vide judgment and order dated 2.5.1996. Pursuant to the judgment given by this Court on 7.12.1998 in the petitioner's earlier writ petition, she was given appointment, vide order dated 20.10.1999, as Principal of the Government Girls Inter College, Lakhimpur Khiri, where she had joined and is working. According to the petitioner, she was earlier working as a permanent Principal in Sri Har Kumari Pathak Kanya Inter College, Shahjahanpur from 8.4.1989 to 22.10.1999 and with effect from 23.10.1999 she joined as Principal, Government Girls Inter College, Lakhimpur Khiri. Thus, there was no break even of a single day in her service on the post of the Principal. While working at Shahjahanpur, she was paid her salary in the pay scale of Rs. 10000-325-15200, which is a selection grade for the post of Principal. However, on her appointment as Principal of the Government Girls Inter College, she was placed in the pay scale of Rs. 8000-275-13500. She was not satisfied with the pay scale in which she was placed as also the seniority, therefore, she made representation before the Secretary, Madhyamik Shiksha, Government of Uttar Pradesh, Lucknow, but no need was paid whereupon she approached this Court by filing Civil Misc. Writ Petition No. 1555 of 2001 which was finally disposed of vide judgment and order dated 15.1.2001 with a direction to the authority concerned to decide her representation within two months. The petitioner made a fresh representation on 22.1.2001 and subsequent representations before the Secretary, Madhyamik Shiksha, Government of Uttar Pradesh, Lucknow who, vide order dated 14.6.2002 had rejected her claim on the ground that she had been provided appointment against the vacancy of a subsequent year and there was no direction of this Court in the judgment and order dated 7.12.1998 to provide seniority to the petitioner with effect from any earlier date. The order dated 14.6.2002 is under challenge in the present petition on the ground that the petitioner is senior to Smt. Shail Kumari Yadav who was placed at serial No. 6 in the waiting list whereas the petitioner was placed at serial No. 2 in the waiting list. Smt. Shail Kumari Yadav had been promoted on the post of the Deputy Director of Education vide order dated 21.8.1998 and, therefore, she is entitled to be placed above her. She is also claiming parity with Dr.(Smt) Uttam Gulati and the benefit of the judgment and order dated 3.10.2002 passed by this Court in Civil Misc. Writ Petition No. 43529 of 1999, filed by Dr.(Smt.) Uttam Gulati, be also given to her.
(3.) In the counter affidavit filed by Faizur Rahman, Deputy Director of Education, on behalf of the respondent Nos. 1 and 2, it has been stated that in the earlier Civil Misc. Writ Petition No. 26753 of 1997, filed by the petitioner, this Court, vide judgment and order dated 7.12.1998, had directed to give appointment to the petitioner on a post which is vacant at present if all earlier vacant posts have been filled up and the petitioner was given appointment in the year 1999 in compliance of this Court's order. She was given appointment in the vacancy of the year 1999 and, therefore, her seniority has been fixed accordingly. Her work had not been found to be satisfactory and a censure entry with doubtful integrity has been recorded in her character roll in the year 2001-02. Her period of probation has also been extended. The claim of the petitioner regarding the pay protection of her earlier service in a private Inter College had not been accepted. The case of Dr. (Smt.) Uttam Gulati and Smt. Shail Kumari Yadav is different and no benefit can be drawn from those cases.;