Akhilesh Kumar Mishra vs State Of U.P. Thru Secretary ...
2012 Latest Caselaw 3349 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4050 of 2012
 

 
Petitioner :- Akhilesh Kumar Mishra
 
Respondent :- State Of U.P. Thru Secretary Intermediate Education & 4 Ors
 
Petitioner Counsel :- Som Kartik
 
Respondent Counsel :- C.S.C.,Krishna Kr. Singh,Manoj Kr. Pandey,Pankaj Bajpai
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that seniority inter se the petitioner and respondent no.5 was settled and the petitioner was given ad-hoc charge of the post of Principal of Janta Intermediate College, Balipur, Heeraganj, Pratapgarh.  When the signatures were forwarded for approval, in the meantime the situation is being reversed by way of saying that respondent no.5 is senior to the petitioner.

Be that as it may, learned counsel for the petitioner contends that the issue of seniority is now under active consideration of Joint Director, Education, Allahabad Region, Allahabad.  In the interregnum period, impugned order has been passed directing respondent no.5 to take charge of the post of Principal. 

It has been asserted by learned counsel for the petitioner that the petitioner is presently holding charge of the post of Principal and in such circumstances till decision  is taken by Joint Director, Education, petitioner is required to continue as ad-hoc Principal of the College.

Sri Pankaj Bajpai, Advocate, has put in appearance for respondent no.5 and denies the factual position.

Be that as it may, the District Inspector of Schools would consider as to whether the petitioner has relinquished charge or not.  Exercise be concluded within seven days from today, considering that the education of students might suffer, if the situation remains undecided.

Till the next date of listing, status quo would be maintained. In case the petitioner is still holding charge as per report of District Inspector of Schools, Pratapgarh, he will continue to hold charge.

Let a copy of the order be furnished to respondent no.3 at the earliest by learned counsel for the petitioner.

In the meantime, Joint Director, Education, respondent no.2 is directed to take a decision in regard to seniority within a period of four weeks from the date of receipt of a copy of this order.

List on 04.9.2012.

Order Date :- 1.8.2012

A.Nigam