Shailendra Kumar And 187 Others vs State Of U.P. And 28 Others
2023 Latest Caselaw 5612 ALL

Citation : 2023 Latest Caselaw 5612 ALL
Judgement Date : 20 February, 2023

Allahabad High Court

Shailendra Kumar And 187 Others vs State Of U.P. And 28 Others on 20 February, 2023

Bench: J.J. Munir




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


 
Court No. - 6
 

 
Case :- WRIT - A No. - 3081 of 2023
 

 
Petitioner :- Shailendra Kumar And 187 Others
 
Respondent :- State Of U.P. And 28 Others
 
Counsel for Petitioner :- Man Bahadur Singh
 
Counsel for Respondent :- C.S.C,Akhilesh Chandra Srivastava,Archana Singh,Arun Kumar,Bhanu Pratap Singh,Mrigraj Singh,Nisheeth Yadav,Ram Bilas Yadav,Sanjay Chaturvedi,Sanjay Kumar Singh,Sanjay Kumar Srivastava,Shyam Krishna Gupta,Suresh Kumar,Vijai Kumar Srivastava,Vikram Bahadur Singh
 

 
Hon'ble J.J. Munir,J.

It is the case of the petitioners that they are entitled to seniority from the date they initially joined services as Assistant Teachers in various Primary Schools maintained by the Board of Basic Education, U.P. in terms of sub-Rule (1) of Rule 22 of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter known as ''Rules of 1981).

Learned Counsel for the petitioners submit that the issue regarding determination of seniority of Assistant Teachers from the date of their initial appointment in terms of sub-Rule (1) of Rule 22 of the Rules of 1981, as against that fixed to the contrary vide Circular dated 25.06.2022 issued by the Basic Education Board, already stands decided in favour of the similarly situated teachers vide judgment and order passed on 12.01.2023 in Writ A No.9410 of 2022. It is submitted that by the said judgment, the Circular dated 25.06.2022 has been quashed by this Court and the respondents directed to prepare a seniority list, according to sub-Rule (1) of Rule 22 of the Rules of 1981, last mentioned.

Ms. Archana Singh, learned Counsel appearing on behalf of the respondents does not dispute the fact that the petitioners' case is covered by the said judgment.

In this view of the matter, this petition is allowed and the respondents are directed to fix the petitioners' seniority from the date of their initial appointment as Assistant Teachers in terms of sub-Rule (1) of Rule 22 of the Rules of 1981.

There shall be no orders as to costs.

Order Date :- 20.2.2023

NSC