- (1.) V. C. Misra, J. Heard learned Counsel for the parties at length and also perused the record. On the joint request of the learned Counsel for the parties this writ petition is being decided finally at the admission stage itself in terms of the Rules of Court, 1952.
(2.) THE case of the petitioner in brief is that the father of the petitioner-Onkar Nath Trivedi was appointed directly as Principal in a recognized and aided Intermediate College and was dismissed from the service by the Committee of Management without seeking approval of the District Inspector of Schools. Cross appeals were filed by the father of the petitioner as well as the Committee of Management before the Deputy Director of Education, Gorakhpur Region, Gorakhpur-respondent No. 1 who vide order dated 4- 1-1980 set aside the dismissal order on the ground of the absence of prior approval of the District Inspector of School but awarded a minor punishment withholding one increment and reverting back the petitioner's father to the post of lecturer in the institution, in question, from the post of Principal. THE case of the petitioner is that petitioner's father filed Writ Petition No. 1090 of 1980 which was dismissed in default. A restoration application was filed but during the pendency of the restoration application petitioner's father died on 27th March, 2000 leaving behind the petitioner (son- legal heir and representative ). THE writ petition was restored to its original number. However, the said writ petition was ultimately dismissed by this Court granting liberty to the petitioner to file a fresh writ petition. Hence this writ petition. After hearing learned Counsel for the parties and looking to the facts and circumstances of the case, in my view the first and foremost question which arises for consideration is as to whether the father of the petitioner who was appointed directly on the post of Principal could be reverted back to the post of lecturer which he never held by way of punishment or not. Learned Counsel for the petitioner contended that the punishment of reversion and reduction in rank from the post of the Principal to the post of lecturer is illegal and the same could not be inflicted as the petitioner's father was directly appointed as a Principal and not as a lecturer. It was not a case of promotion from the post of lecturer to the post of Principal. In support of his contention, he relied upon decisions of the Hon'ble Apex Court rendered in State of U. P. & Ors. v. Smt. Jaya Quddusi, AIR 1994 SC 2254 and in Hussain Sasansaheb v. State of Maharashtra, AIR 1987 SC 1627, wherein in a similarly stated situation it has been held that a direct recruit to a post cannot be reverted to a lower post and it is only a promotee who can be reverted from the promotional post to the lower post from which he or she was promoted.
(3.) THE Hon'ble Apex Court in the case of Hussain Sasansaheb (supra) observed that the order of the State Government reverting direct recruit to the lower post of primary teacher, who was directly appointed to the post of Assistant Deputy Educational Inspector was unsustainable. On the other hand, learned Standing Counsel appearing for the State respondents has been unable to show any rule or regulation under which a direct recruit could be reverted to the post on which he had not been recruited. It is settled law that no person can be reverted back to the lower post which he had never held. From perusal of the record, it is found that the facts and circumstances of the case of the petitioner is fully covered by the aforesaid decisions of the Hon'ble Apex Court. Accordingly, the order of the Deputy Director of Education, Gorakhpur Region, Gorakhpur dated 4-1- 1980 (Annexure No. 5 to the writ petition) is hereby quashed being unsustainable in the eye of law. Consequently, the opposite parties are directed to pay the arrears of salary of the father of the petitioner (Late Onkar Nath Trivedi) with all other consequential benefits to the petitioner, in accordance with law. The writ petition is partly allowed. No costs. Petition partly allowed. .;