ALLAHABAD HIGHCOURT, PROMOTION, SALARY : जूनियर हाईस्कूल के प्रधानाध्यापक पद पर प्रथम नियुक्ति तिथि से पदोन्नत हो चुके शिक्षकों को पदोन्नति का वेतन देने का हाईकोर्ट ने दिया आदेश

ALLAHABAD HIGHCOURT, PROMOTION, SALARY : जूनियर हाईस्कूल के प्रधानाध्यापक पद पर प्रथम नियुक्ति तिथि से पदोन्नत हो चुके शिक्षकों को पदोन्नति का वेतन देने का हाईकोर्ट ने दिया आदेश

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 21

Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2017
Appellant :- Bhujwal Singh
Respondent :- Vivek Kumar And 5 Others
Counsel for Appellant :- Indra Raj Singh,Dharmraj Chaudhary
Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sunil Kumar Singh

Hon'ble V.K. Shukla,J.
Hon'ble Mrs. Sangeeta Chandra,J.
For the reasons stated in the affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning the delay in filing of present special appeal, the delay condonation application is allowed.
Special Appeal is treated to have been filed well within time.
Order Date :- 31.1.2017
Shekhar

Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2017
Appellant :- Bhujwal Singh
Respondent :- Vivek Kumar And 5 Others
Counsel for Appellant :- Indra Raj Singh,Dharmraj Chaudhary
Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sunil
Kumar Singh
Hon'ble V.K. Shukla,J.
Hon'ble Mrs. Sangeeta Chandra,J.
Bhujwal Singh s/o Bhupal Singh is before this Court
assailing the validity of the order dated 9.9.2016 passed
in Writ-A No. 43081 of 2016 wherein the learned Single
Judge in exercise of his discretion has proceeded to pass
an order staying the operation of the seniority list dated
18.7.2016 as well as the consequential promotion order
dated 30.8.2016.
On the matter being taken up today Sri Indra Raj Singh,
Advocate, has tried to contend before us that the seniority
list dated 18.7.2016, that has been so prepared, same
has been prepared taking note of the provisions as
contained under Section 3 (7) of U.P. Act No. 4 of 1994
and there is no infirmity whatsoever in the same.
Sri K. Shahi, Advocate, on the other hand, has contended
that in spite of the fact that objections have been filed at
no point of time same has been adverted to and coupled
with this it has been sought to be contended that as far as
Vivek Kumar is concerned, admittedly, he has been
promoted prior in time as compared to Bhujwal Singh but
in spite of the same he has been sought to be shown
junior.
Consequently, in the facts of the case, what we find from
the order dated 9.9.2016 is that it is purely an interim
order and it has been informed at the Bar that till date
pleadings inter-se parties have not at all been exchanged
and, in view of this, we proceed to pass an order asking
therein that after pleadings inter-se parties is exchanged,
then looking into the nature of controversy, all attempt and
endeavour should be made by the learned Single Judge
to decide the matter at the earliest.
After this order has been passed, Sri Indra Raj Singh,
Advocate, has contended that pursuant to the promotion
order various incumbents have joined their duties and
they are performing their duties at respective places and
on account of interim order they are being reverted.
Once it is being complaint that ex-parte interim order has
been passed and based on the same, their rights are
being defeated, accordingly, we make it clear that all
those incumbents, who have joined their duties on the
promotional post prior to passing of the order dated
9.9.2016, their functioning should not at all be disturbed
and same shall abide by final order to be passed by the
learned Single Judge of this Court.
With this, special appeal is disposed of.
Order Date :- 31.1.2017