Court No. - 7
1. Case :- WRIT - A No. - 14111 of 2018 Petitioner :- Madan Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Aman Arya
2. Case :- WRIT - A No. - 15174 of 2018 Petitioner :- Chunmum Prasad Chaudhary Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bhawesh Pratap Singh,Aman Arya Counsel for Respondent :- C.S.C.,Akhilesh K. Dwivedi
Hon'ble Dinesh Kumar Singh,J.
The dispute involved in these two petitions is seniority between Sri Madan Tiwari, petitioner in Civil Misc.Writ Petition No.14111 of of 2018 and Sri Chunmun Prasad Chaudhary, petitioner in Civil Misc. Writ Petition No. 15174 of 2018.
The Committee of Management has treated Sri Chunmun Prasad Chaudhari senior to Sri Madan Tiwari and, thereafter, he had been appointed as Officiating Principal of the institution, namely, Turpatti Mahuawan, District Kushinagar.
Aggrieved by the aforesaid determination of seniority by the Committee of Management, the matter was taken before the Joint Director of Education, who vide order dated 15.6.2018 confirmed the decision of the Committee of Management and treated Sri Chunmun Prasad Chaudhari as senior to Madan Tiwari.
It appears that the State Government thereafter, vide order dated 06.07.2018 had directed the Joint Director of Education to decide the seniority dispute between the aforesaid two persons afresh after affording opportunity of hearing to the concerned parties.
The aforesaid order has been challenged by Sri Chunmun Prasad Chaudhari in Civil Misc. Writ Petition No. 15174 of 2018.
The parties agree that if the status-quo with respect to the Officiating Principal is maintained, the Joint Director of Education may be directed to decide the aforesaid controversy afresh and in whatever manner it is decided, it will be binding on Madan Tiwari, who will not further challenge in any proceeding before this Court the decision so taken by the Joint Director of Education.
Considering the aforesaid submissions of learned counsel for the parties, Sri Chunmum Prasad Chaudhary will not be disturbed as Officiating Principal, in the meantime, when controversy is pending and final decision is to be taken by the Joint Director of Education.
The Joint Director of Education is directed to decide the controversy of seniority between Chunmum Prasad Chaudhari and Madan Tiwari, within a period of two months from the date of production of certified copy of this order, after hearing the concerned parties.
With the aforesaid directions/observations, both the writ petitions are finally disposed of.
Order Date :- 23.8.2018 sushama