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assistant teacher

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Service Matter – Seniority – Promotion – mere having B.Ed. Degree can the junior as a senior in Trained Graduates cadre over power the senior candidate and can be designated as senior for promotion – Apex court set aside the order of High court and held that we find that in the case at hand there is a specific Rule, namely, Rule 12 of the Rules, which deals with seniority. The clear and unambiguous criteria for determining seniority is the continuous officiation counted from the date of acquiring the educational qualification as prescribed under Schedule “B”. since the appellant was holding the requisite qualifications, i.e. D.Ed., for appointment to the post of Assistant Teacher in Primary School, as prescribed under Schedule “B” to the Rules, her seniority was to be counted on the basis of continuous officiation. Since she joined the post of Assistant Teacher on 24.08.1979 and respondent No.4 came to be appointed subsequently, i.e. on 01.09.1980. The appellant would naturally be senior to respondent No.4.Insofar as manning the post of Head of the School is concerned, Rule 3 of the Rules provides for the qualifications. It is not in dispute that as on the date of which the Head of the School was to be appointed, the appellant fulfilled all the requisite qualifications mentioned in the said Rule. Further, as already found, she was senior to respondent No.4 as well. Therefore, it is the appellant who was the rightful claimant to the post of Head of the School. Depriving her of this legitimate right and making the appointment of respondent No.4 as the Head Master of the School was, therefore, clearly erroneous, which resulted in infringement of the rights of the appellant to hold that post. Accordingly, this appeal is allowed. Judgment of the High Court is set aside and a direction is issued to appoint the appellant as Head of the School by replacing respondent No.4 therefrom. This direction shall be carried out within a period of four weeks from today.= CIVIL APPEAL NO. 7699 OF 2014 (arising out of Special Leave Petition (Civil) No. 29696 of 2013) |VIMAN VAMAN AWALE |…..APPELLANT(S) | |VERSUS | | |GANGADHAR MAKHRIYA CHARITABLE TRUST & |…..RESPONDENT(S) | |ORS. | | = 2014- Aug. Part – http://judis.nic.in/supremecourt/filename=41826

Service Matter – Seniority – Promotion – mere having B.Ed. Degree can the junior  as a senior in Trained Graduates cadre over power the senior candidate and can be designated as senior for promotion – Apex court set aside the order of High court and held that we find that in the case at  hand  there  is  a … Continue reading

Service matter – Assistant Teacher (Language) L.T. Grade – last date was preponed – mark list was submitted belatedly – his selection was rejected on that count – High court order to give posting from date of selection – filed appeal and obtained interim orders – Additional Director instead of following the orders of High court , reviewed the order of High court and refused to give posting – Apex court dismissed the appeal and confirmed the orders of High court = STATE OF UTTARAKHAND & ORS. .…..PETITIONERS Versus KANHAYA LAL …..RESPONDENT= 2014 ( April.Part) http://judis.nic.in/supremecourt/filename=41497

   Service matter – Assistant Teacher  (Language)  L.T.  Grade – last date was preponed – mark list was submitted belatedly – his selection was rejected on that count – High court order to give posting from date of selection  –  filed appeal and obtained interim orders – Additional Director instead of  following the orders of High court … Continue reading

Benefit of difference in age should be given to the accused for offences u/ss 363, 366, 376 IPC/Appeal allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD  RESERVED AFR Criminal Appeal No. 5029 of 2005 Raj Kumar Shukla ………………………………….Appellant Versus State of U.P. ………………………………………..Respondent Connected with Criminal Revision No. 723 of 2006 Sarju Prasad Mishra……………………………………….Revisionist Versus State of U.P. and another………………………………Respondents. Hon Vinod Prasad, J Appellant Raj Kumar Shukla, in Criminal Appeal No. 5029 of 2005, … Continue reading

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