Court No. - 39
Case :- WRIT - A No. - 13490 of 2019 Petitioner :- Shiv Singh Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Upendra Kumar Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 3, 4 and 5.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 6.
Learned counsel for the petitioner submitted that Government Order dated 22.11.2018 provides for merger of Primary School and Uchcha Prathamic School situated in one campus. The Government Order further provides that the school shall be in control of senior most officiating Headmaster/Headmaster. Pursuant to the said Government Order, Primary School Lala Baksara, Block Deomai, District Fatehpur and Uchcha Prathmik Vidhyalay Lala Baksara, Block Deomai, District Fatehpur were merged. He further submitted that the petitioner is senior most teacher in Primary School Lala Baksara, Block Deomai, District Fatehpur. The petitioner and respondent no. 6 were appointed on the same date i.e. 2.12.1999. The date of birth of the petitioner is 24.12.1966 and date of birth of respondent no. 6 is 10.7.1972, therefore, being senior in age, the petitioner should be given charge of Headmaster. Contrary to that, on the application of respondent no. 6, the respondent no. 3 has passed an order for providing charge of Headmaster to respondent no. 6, which is contrary to Government Order dated 22.11.2018.
Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 3, 4 and 5 submitted that the matter may be referred to respondent no. 4 to decide the same strictly in accordance with Government Order dated 22.11.2018 for which learned counsel for the petitioner has no objection.
Considering the facts and circumstances of the case, this petition is disposed of with liberty to the petitioner to approach the respondent no. 4 alongwith representation for redressal of his grievance within a week. If any such representation is filed by petitioner, the respondent no. 4 is directed to consider and decide the same strictly in accordance with law within two weeks from the date of filing of representation alongwith certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.4 to decide the case of the petitioner after considering the relevant Rules and Government Order occupying the field.
Order Date :- 26.8.2019 Rmk.