UP Teacher Promotion SARKARI NAUKRI News -
PETITIONER HAVING MORE THAN 5 YEAR EXPERIENCE, BUT NOT AS PER RULE.
COURT GIVE RELIEF FOR CONSIDERATION OF HIS PROMOTION
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 4328 of 2015
Petitioner :- Pawan Kumar Mishra And 11 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- J.P. Singh
Counsel for Respondent :- C.S.C.,S.K. Verma
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners, Sri SK.Verma learned counsel for respondent nos. 2 and 3 and learned Standing Counsel for respondents for the State-respondents.
The controversy involved in the present writ petition has been decided by this Court vide judgment dated 28.10.2014 in Writ Petition No. 3035 (S/S) of 2014, Priyanka Shukla Vs. State of U.P. and others wherein it was held that the services rendered by a teacher in any of the local area is liable to be counted for the purpose of determination of eligibility under Rule 8 (3) for promotion. However, it is clear that the seniority is to determined as per Rule 22(2) in case of incumbents who have been transferred from one local area to another or from one District to another.
In Priyanka Shukla (supra), the observation and direction are as under:-
"Thus, the teaching experience gained by a teacher is liable to be counted under Rule 18, while considering his case for promotion. However, this itself will not entitle a teacher to be promoted as the same is to be granted on the basis of seniority list as per Rule 22 (2).
In view of the above, I am of the opinion that the petitioners herein (except petitioner no.8, who admittedly does not have five years teaching experience) are also entitled for their case being considered for promotion in accordance with law by the Selection Committee, provided they are, otherwise, found to be eligible. This is of course, in order of seniority subject to rejection of unfit, as provided under Rule 18.Accordingly, writ petition is disposed of with direction to respondent no.4 to take appropriate action with regard to the claim of the petitioners for promotion in accordance with Rule 18, by counting their services rendered since date of their initial appointment, for purposes of teaching experience. In case the petitioners are not found entitled to be promoted, they shall be duly intimated.
Writ petition stands disposed of subject to aforesaid observations/ directions."
In view of the aforesaid facts and circumstances, this writ petition is disposed of in the same terms and conditions as contained in the judgment and order dated 28.10.2014 referred to above with the direction to respondent no.� i.e. District Basic Education Officer District-� Farrukhabad to take appropriate action with regard to the claim of the petitioners for promotion in view of Rules 18 read with Rule 22, by counting� their services rendered since the date of his initial appointment, for the purposes of eligibility/teaching experience as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order.
Order Date :- 2.2.2015
S.Ali
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment /SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
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PETITIONER HAVING MORE THAN 5 YEAR EXPERIENCE, BUT NOT AS PER RULE.
COURT GIVE RELIEF FOR CONSIDERATION OF HIS PROMOTION
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 4328 of 2015
Petitioner :- Pawan Kumar Mishra And 11 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- J.P. Singh
Counsel for Respondent :- C.S.C.,S.K. Verma
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners, Sri SK.Verma learned counsel for respondent nos. 2 and 3 and learned Standing Counsel for respondents for the State-respondents.
The controversy involved in the present writ petition has been decided by this Court vide judgment dated 28.10.2014 in Writ Petition No. 3035 (S/S) of 2014, Priyanka Shukla Vs. State of U.P. and others wherein it was held that the services rendered by a teacher in any of the local area is liable to be counted for the purpose of determination of eligibility under Rule 8 (3) for promotion. However, it is clear that the seniority is to determined as per Rule 22(2) in case of incumbents who have been transferred from one local area to another or from one District to another.
In Priyanka Shukla (supra), the observation and direction are as under:-
"Thus, the teaching experience gained by a teacher is liable to be counted under Rule 18, while considering his case for promotion. However, this itself will not entitle a teacher to be promoted as the same is to be granted on the basis of seniority list as per Rule 22 (2).
In view of the above, I am of the opinion that the petitioners herein (except petitioner no.8, who admittedly does not have five years teaching experience) are also entitled for their case being considered for promotion in accordance with law by the Selection Committee, provided they are, otherwise, found to be eligible. This is of course, in order of seniority subject to rejection of unfit, as provided under Rule 18.Accordingly, writ petition is disposed of with direction to respondent no.4 to take appropriate action with regard to the claim of the petitioners for promotion in accordance with Rule 18, by counting their services rendered since date of their initial appointment, for purposes of teaching experience. In case the petitioners are not found entitled to be promoted, they shall be duly intimated.
Writ petition stands disposed of subject to aforesaid observations/ directions."
In view of the aforesaid facts and circumstances, this writ petition is disposed of in the same terms and conditions as contained in the judgment and order dated 28.10.2014 referred to above with the direction to respondent no.� i.e. District Basic Education Officer District-� Farrukhabad to take appropriate action with regard to the claim of the petitioners for promotion in view of Rules 18 read with Rule 22, by counting� their services rendered since the date of his initial appointment, for the purposes of eligibility/teaching experience as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order.
Order Date :- 2.2.2015
S.Ali
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment /SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / 4th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015
