Court No. - 35 Case :- WRIT - A No. - 13278 of 2020 Petitioner :- Geeta Kushwaha Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Avdhesh Narayan Tiwari,Divya Ojha Counsel for Respondent :- C.S.C.,Krishna Kumar Chand Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed challenging the orders dated 28.7.2020 passed by the Block Education Officer, Block Konch, District Jalaun as amended through his order dated 8.9.2020. Through the aforesaid orders, the respondent no.6 has been given charge of the post of Head-Mistress of the Junior High School-District Jalaun where both the petitioner and respondent no.6 are employed as teachers.
The contention of the petitioner is that the petitioner is senior to respondent no.6 as she was appointed in 1999 while respondent no.6 was appointed in 2006 and according to the recitals in the orders dated 28.7.2020 and 8.9.2020 themselves, the senior- most teacher shall take-over the charge of the Head-Mistress and the seniority shall be decided from the date of substantive appointment.
Shri Krishna Kumar Chand representing the respondent nos.4 and 5 has received instructions in the matter and states that even though the date of substantive appointment of the petitioner is earlier to the date of substantive appointment of respondent no.6 but the petitioner had twice sought inter-district transfers, one on 31.08.2012 and by order dated 06.08.2013, the petitioner was posted in the present Institution.
It has been stated that by virtue of Rule 22(2) of the Uttar Pradesh Basic Education (Teacher) Service Rules-1981 (hereinafter referred to as 'the Rules-1981'), the petitioner was liable to be placed at the bottom of the list and, therefore, was junior to respondent no.6.
In view of Rule 22(2) of the Rules-1981, the respondent no.6 is senior to the petitioner and the recitals in the order dated 28.7.2020 cannot override the statutory provision. The claim of the petitioner is devoid of merit.
The writ petition is dismissed. Order Date :- 13.1.2021/Jyotsana