Heard Sri Nagendra Bahadur Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri P.K. Singh 'Bisen', learned counsel for opposite parties no.3, 4 & 5.
Notice to opposite party no.6 has already been served by the petitioner through Dasti notice but no one has put in appearance on his behalf. However, this writ petition is being decided finally at the admission stage without causing any prejudice to opposite party no.6.
Learned counsel for the petitioner has contended that by means of order dated 26.5.2020, opposite party no.4 has merged some institutions strictly in the light of Government Order dated 8.5.2020 but the petitioner despite being senior to opposite party no.6 has not been given the charge of Principal.
Sri Bisen, learned counsel for District Basic Education Officer on the basis of instructions has submitted that opposite party no.6 is senior to the petitioner, therefore, charge of Principal has been given to him.
On being asked as to what is the date of substantive appointment of opposite party no.6, Sri Bisen has submitted that opposite party no.6 was appointed as untrained Assistant Teacher on 31.10.1994 but has been made trained Assistant Teacher on 15.11.1994 and the petitioner hereto was substantively appointed on the post of Assistant Teacher on 2.1.2006. Learned counsel for the petitioner has disputed the aforesaid fact and has submitted that substantive appointment of opposite party no.6 has been made after the substantive appointment of the petitioner and he may demonstrate the documents to this effect.
The controversy in question may very well be adjudicated by the District Basic Education Officer, Pratapgarh by calling upon the relevant documents including the order of substantive appointment from the petitioner and the opposite party no.6 and he may take appropriate decision strictly in accordance with law in the light of Government Order dated 8.5.2020 or in view of some other guidelines applicable in the issue in question.
Therefore, the writ petition is being decided finally giving liberty to the petitioner to approach the District Basic Education Officer, Pratapgarh preferring a fresh representation taking all pleas and grounds, which are available to him, enclosing therewith copies of relevant documents within a period of fifteen days and if such representation is preferred by the petitioner, District Basic Education Officer, Pratapgarh shall consider and decide the said representation strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing/ personal hearing to opposite party no.6 viz. Sri Rajendra Pratap Singh, In-charge Head Master of the institution in question also, within a period of two months from the date of receipt of the representation and decision thereof shall be intimated to both the parties i.e. petitioner and opposite party no.6 forthwith.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 3.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]