Uttarakhand High Court
WPSS/826/2023 on 27 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7619
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS No. 936 of 2023
with
WPSS No. 826 of 2023
WPSS No. 1511 of 2023
WPSS No. 725 of 2024
Hon'ble Manoj Kumar Tiwari, J.
Mr. Parikshit Saini Advocate for the
petitioners in WPSS Nos. 936 & 826 of
2023 and Advocate for respondent no. 5
in WPSS No. 1511 of 2023.
2. Mr. Sandeep Tiwari, Advocate for
petitioners in WPSS No. 1511 of 2023 &
WPSS No. 725 of 2024 and Advocate for
respondent no. 6 in WPSS Nos. 936 &
826 of 2023.
3. Mr. Narain Dutt, Standing Counsel
for the State of Uttarakhand.
4. Mr. Navneet Kaushik Advocate for
respondent nos. 6 & 8.
5. Mr. Nagesh Aggarwal, Advocate for
respondent no. 7.
6. Since common questions of law and
fact are involved in these writ petitions,
therefore they are heard together and
are being decided by a common
judgment.
7. Petitioners are serving as Assistant
Teacher, L.T. Grade in K.L.D.A.V. Inter
College, Roorkee, Haridwar, which is
receiving financial aid from the State
Government. In all the writ petitions,
petitioners have raised claim regarding
seniority, as each of them says that he is
entitled to be placed in the seniority list
above other teachers.
2025:UHC:7619
8. Learned State Counsel, however,
points out that the competent authority
to finalise seniority list of teachers, has
not finalised the list as yet. He further
submits that anyone aggrieved by the
seniority list, as finalised by Committee
of Management, may file an appeal
before the Regional Additional Director of
Education. Learned State Counsel thus
submits that petitioners have approached
this Court without there being any
determination of seniority by the
competent authority.
9. Mr. Parikshit Saini, Mr. Sandeep
Tiwari, Mr. Navneet Kaushik and Mr.
Nagesh Aggarwal, learned counsels also
concede that the Committee of
Management is yet to finalise the
seniority list, even though, the last
appointment on the post of Assistant
teacher, L.T. Grade was made in the
month of August, 2015.
10. The teachers, who are litigating
were appointed on or before 10.08.2015.
Under 2009 Regulations framed by the
State Government under Uttarakhand
School Education Act, it is the duty of the
Committee of Management to finalise the
seniority list. It is unfortunate that the
seniority list has not been finalised even
after expiry of ten years of the
appointment of the persons, who are
before this Court.
11. The writ petitions, are, accordingly
disposed of by directing the Manager /
Authorised Controller of the institution in
question to determine the inter-se
seniority of all persons, serving as
Assistant Teacher, L.T. Grade and issue a
tentative seniority list, within three
weeks from the date of presentation of
2025:UHC:7619
certified copy of this order before the
Manager / Authorised Controller. The
seniority list shall be finalised, after
inviting objections, within three weeks
thereafter. The Assistant Teachers, L.T.
Grade, who are due for promotion shall
be promoted, within one month from
completion of the exercise of finalisation
of seniority list.
(Manoj Kumar Tiwari, .J.)
27.08.2025
Navin
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Date: 2025.08.28 10:00:10 +05'30'
