- (1.) V. C. Misra, J. On the joint request of the learned Counsel for the parties, this writ petition has been heard and is being disposed off finally at the admission stage itself. Counter and rejoinder affidavits have been exchanged in the matter.
(2.) THIS writ petition has been filed by the petitioners for quashing the impugned order dated 25-8-2006 (Annexure No. 11 to writ petition) issued by the State Government declaring the final seniority list wherein the names of the petitioners are not included though were in the tentative list and restraining the respondents from taking any action on the basis of the aforesaid impugned order. It has been further prayed that the respondent be directed to include the names of the petitioners in the seniority list of U. P. Educational (General Education) Cadre Group 'b' and to restore the position as shown in the provisional seniority list notified by the office order dated 12-12-2005 which is their main grievance. The facts of the case in brief are that the petitioners were selected as senior lecturers in the years 1997 and 1999 through U. P. Public Service Commission (hereinafter referred to as the Commission) to be posted in District Institutes of Education and training (in short DIETs) established under the National Policy of Education of Central Government and the object of the same was laid down in the Guide Lines published by the Government of India. The post of senior lecturers were created for different DIETs in the State under the Central Government Sponsored and the posts for DIETs have been created pursuant to the direction given in Chapter VI of the Guide Lines. For being appointed as senior lecturer an person is required to possess a Post Graduate degree together with a training qualification and is supposed to have some teaching experience. The minimum and maximum age provided is 30 years to 35 years. In the absence of any service rules or cadre the posts of senior lecturers in DIETs were made temporarily as ex-cadre posts by the Government Orders under the U. P. Educational (General Education Cadre) Service Rules, 1992 (hereinafter referred to as the Rules, 1992) initially for one year which was extended from time to time. The funds for the said posts was coming from the Central Government. Learned Counsel for the petitioners contended that the State Government by means of Government Orders dated 16-3-1989, 3-8- 1995, 14-8-1995and 23-9-1998 sanctioned the posts of senior lecturers in DIETs though initially as ex-cadre posts but subsequently as general cadre posts in accordance with the Rules, 1992. The petitioners were selected through the U. P. Public Service Commission though for the posts of senior lecturers in DIETs but were interchangeable against other equivalent general cadre posts which included Basic Shiksha Adhikari. Additional District Inspector of Schools, Deputy Secretary of Board of Secondary Education, Assistant Deputy Director of education and Principals of Government Inter Colleges. It is because of this reason their names were included in the tentative seniority list dated 12-12-2005. Learned Counsel for the petitioner further contended that since the names of the petitioners were included in the provisional seniority list, no objections were filed by the petitioners. It is further contended that on the objections filed by the respondents No. 5 and 6 (Rajesh Kumar Sriwas and Skand Shukla, respectively) which have been accepted by the State Government, the names of the petitioners have been excluded from the seniority list treating them as holding ex-cadre posts without affording any opportunity of hearing to the petitioners and thereby they have been deprived of normal avenue of promotion available to the members of the cadre.
(3.) LEARNED Counsel for the petitioners submitted that assuming the post of senior lecturers in DIETs are ex-cadre posts as the same does not find place under Rule 5 (18) of the Rules, 1992 but cadre of the service is defined under Rule 4 of the Rules, 1992 which specifies that on the date of the commencement of the Rules the cadre comprised of category and number of posts specified in Appendix-I to the Rules which confers power upon the State Government to determine the strength of service in each category of posts and consequently the State Government while exercising the power under Rule 4 (1) of the Rules, 1992 issued the Government Orders whereby the posts of senior lectures in DIETs have been sanctioned as addition the cadre. He further submitted that the Central Government had funded the DIETs at the time of initial establishment only till the year 1989 but presently all such institutes are State funded. Learned Counsel for the petitioners lastly submitted that the State Government has not passed any order the effect that the post of DIETs would be traded as posts outside the cadre rather this is discriminatory stand of the respondents in which the posts of senior lectures are being treated as ex- cadre post excluding them from consideration of promotion to higher posts in education department while filling up the posts of Vice-Principal and Principal of DIETs by according promotion to members of General Education Cadre.;