Notices on behalf of opposite parties no. 1 to 3 have been accepted by the learned Chief Standing Counsel, while Sri Nagendra Bahadur Singh, learned counsel has put in appearance on behalf of opposite party no.4 and filed his Vakalatnama on his behalf. The same is taken on record. Sri Manjeet Singh, learned counsel has accepted notice on behalf of opposite party no.5 (Caveator).
The submission of learned counsel for the petitioner is that the Joint Director of Education, Allahabad Region, Allahabad while deciding the issue of seniority came to the conclusion that the petitioner was given LT grade in the year 1977 and subsequently Lecturer grade on 01.07.1987 against the provisions of Government Orders dated 03.10.1974 and 28.02.1990 and, therefore, directed for recovery of the amount paid to the petitioner as LT grade and in the Lecturer grade.
Further submission of learned counsel for the petitioner is that initially the petitioner was appointed in CT grade on 26.09.1972 and was promoted to LT grade on 01.07.1977 and the same was approved by the District Inspector of Schools, Pratapgarh by means of order dated 21.07.1980. Subsequently, the petitioner was given Lecturer grade on 01.07.1987 and the designation of Lecturer on 11.01.2004. It is also submitted that all these promotions and grades were given to the petitioner by the department after examining the record and at nowhere the petitioner has misrepresented or misguided the authorities of the education department, therefore, there is no occasion for making recovery of the payment made to the petitioner.
Sri Nagendra Bahadur Singh, learned counsel for opposite party no.4 while opposing the writ petition submitted that he has no grievance with respect to staying the recovery against the petitioner, as opposite party no.5 has only challenged the seniority of the petitioner on the ground that he was regularly promoted on the post of Lecturer on 18.03.2002 and, therefore being senior, he was rightly given the charge of officiating Principal of the Institution on superannuation of officiating Principal Sri Sachindra Nath Tripathi on 30.06.2011.
I have considered the submissions of learned counsel for the parties and gone through the record.
The petitioner was given higher grades i.e. LT grade and Lecturer grade as well as designation of Lecturer by the authorities of education department, and there appears to be no misrepresentation on the part of the petitioner.
In view of the above, prima-facie a case for interim relief is made out.
The operation and implementation of the impugned order dated 20.01.2012, so far as it relates to the material against the petitioner as mentioned in paras-1 and 2 of the decision of the Joint Director of Education, Allahabad Region, Allahabad, are hereby stayed till further orders of the Court and the petitioner will be entitled for salary of Lecturer grade till further orders of the Court.
All the opposite parties are directed to file their respective counter affidavits within four weeks. Rejoinder affidavit, if any, be filed within a week thereafter.
List after expiry of the aforesaid period.
The office is directed to print the name of Sri Nagendra Bahadur Singh in the cause list as counsel for the opposite party no.4, when the case is next listed.
Order Date :- 22.2.2012 Suresh/