Raj Kumar Singh vs Cantonment Board Alld Thru Chief ...
2012 Latest Caselaw 6187 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 
Case :- WRIT - A No. - 67261 of 2012
 
Petitioner :- Raj Kumar Singh
 
Respondent :- Cantonment Board Alld Thru Chief Executive Officer & Ors.
 
Petitioner Counsel :- H.N.Pandey
 
Respondent Counsel :- M.I.Khan
 
Hon'ble V.K. Shukla,J.

Sri M.I. Khan, Advocate has accepted notice on behalf of respondent Nos. 1, 2 and 3. Issue notice to respondent No.4.

Each one of the respondents is accorded one month's time to file counter affidavit. Rejoinder affidavit may be filed within next one week.

List after five weeks.

Petitioner's contention is that at earlier point of time, he had filed writ petition No.7753 of 1998, Raj Kumar Singh vs. Cantonment Board, Allahabad and others, decided on 02.11.2011, reported in 2012 (1) ADJ 155. By means of the aforesaid judgment, the order dated 29.11.1997 passed by the Cantonment Board has been quashed and the respondents have been directed to reconsider the matter of promotion afresh without any further delay. Petitioner submits that against the said order Special Appeal has been filed belatedly, but with no interim order and even the delay has not been condoned. Petitioner has stated that thereafter, the Cantonment Board in its meeting dated 30.10.2012 quite illegally without considering the claim of petitioner took decision to give officiating charge of the school to Chintamani Pandey for a period of three months. Petitioner submits that once institution has been upgraded from Junior High School to High School, then under the provisions of U.P. Act No.2 of 1921, the incumbent who has to be given charge even on officiating basis, he should fulfill the eligibility criteria as provided in Appendix 'A' of Chapter II of the Regulations framed under U.P. Act No.2 of 1921. The petitioner in paragraph 23 of the writ petition has given full details in regard to educational qualification of Chintamani Pandey, who is only Intermediate pass with B.T.C. Training qualification. He does not possess graduate or post graduate degree to his credit. Once such is the educational qualification of Chintamani Pandey, then he cannot be permitted to function as officiating Principal, as such resolution passed by the Cantonment Board cannot be subscribed.

In view of the above, till the next date of listing operation of the resolution dated 30.10.2012 passed by the Cantonment Board to the extent it directs handing over of charge of the office of the Principal on officiating basis to Chintamani Pandey is directed to be kept ion abeyance. The Cantonment Board is directed to hand over the charge to senior most eligible incumbent.

Order Date :- 20.12.2012

SRY