Court No. - 58
Case :- WRIT - A No. - 2818 of 2019 Petitioner :- Rajendra Prasad Singh Respondent :- The District Inspector Of Schools, Varanasi, And 3 Others Counsel for Petitioner :- Avanish Kumar Upadhyay,Indra Raj Singh,Raj Kumar Upadhyay Counsel for Respondent :- C.S.C.,Anil Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 21.2.2019:-
"Issue of seniority is pending consideration before the Joint Director in terms of Regulation 3(f) of the Regulations framed under Chapter-III of the U.P. Intermediate Education Act, 1921. It is alleged that petitioner, who was continuing as Officiating Principal since the year 2017, is suddenly being ousted on account of a subsequent determination of seniority, which is subject to proceedings pending before the Joint Director. Submission is that petitioner having been appointed on 2nd June, 1992 is otherwise senior to respondent no.4, who has been appointed on 6.10.1994.
Learned Standing Counsel may obtain instructions from the respondent no.1, particularly on the question as to whether the charge of the office of Principal has been handed over to respondent no.4 or not?
Put up as fresh, once again, on 28.2.2019."
Learned Standing Counsel has obtained instructions from the District Inspector of Schools, Varanasi, as per which the charge of office of Principal has already been handed over to Sri Virendra Kumar Singh on 31.1.2019.
The issue of inter se seniority between the petitioner and the private respondent no.4 has already been directed to be determined by the Joint Director upon an appeal which has already been filed. This Court has already directed such appeal to be decided within the specified period.
In such view of the matter, it would be appropriate to dispose of this writ petition with the observation that the order passed upon petitioner's appeal on the question of seniority would ultimately determine the right as to who would officiate as Principal. The order impugned in this petition shall remain subject to the order to be passed by the Joint Director of Education upon petitioner's appeal.
Subject to the aforesaid observations, this writ petition stands disposed of.
Order Date :- 28.2.2019 Ashok Kr.