Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/B) No.1253/2002 Gaber Singh Negi ………. Petitioners Versus State of Uttaranchal, Secretary Madhyamik Shiksha, Government of Uttarnchal, Dehradun and others. ………. Respondents. ………………….. Sri Pankaj Purohit, learned counsel for the petitioner Sri H.M.Raturi, learned Standing Counsel for the respondents. Date: April 29,2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has challenged the reversion order dated 17.08.2002 passed by respondent No.2/Director of Education, contained in annexure No.5 to the writ petition, by which the petitioner has been reverted from the post of Head Master, Government Higher Secondary School to the post of Lecturer. Further, a writ of mandamus has also been sought to command the respondents to reinstate the petitioner on the post of Head Master in the pay scale of Rs. 6500-10500 with continuity of service. 2. The facts of the writ petition, in brief, are that the petitioner was appointed on ad-hoc basis by Regional Deputy Director of Education, Nainital on the post of Assistant Teacher on 13.12.1969 and he joined on the 2 said post in Pratap Inter College, Tehri. Thereafter he was given appointment on 11.08.1972 by the Director of Education, Uttar Pradesh on the post of Assistant Teacher (Biology) in the pay scale of Rs. 150-350 and he joined his services in Government Higher Secondary School, Dakpathar, Dehradun on 25.08.1972. Subsequently the petitioner was selected by the U.P. Public Service Commission on the basis of direct recruitment on the said post of Assistant Teacher L.T. Grade (Biology) in the pay scale of Rs. 300-550 on 04.09.1976. The U.P.Public Service Commission recommended his name to the Director Education U.P. for appointment. The Deputy Director (Madhyamik), U.P. through order dated 22.03.1979 appointed the petitioner. The name of the petitioner found place at serial No.15 of the order dated 22.03.1979. The petitioner joined his services in Government Higher Secondary School, Baluwakot, District Pithoragarh under the orders of Deputy Director (Madhyamik), U.P. It is alleged by the petitioner that he was selected by the U.P. Public Service Commission in the year 1976 with effect from 04.09.1976 but the respondents has given effect to the recommendation of the Commission only on 22.03.1979. The Director, Education, U.P. in the month of April 1993 promulgated a provisional inter se gradation list of the L.T. grade teachers selected by direct recruitment and departmental promotions of Government Schools during the period 1971-1980 and invited objections after publishing the same. Certain teachers filed their objections regarding their seniority in the gradation list and after disposing of the objections, the respondents promulgated the final seniority list on 11.10.1993. The 3 name of the petitioner found place in the final seniority list at serial No.335. Thereafter the petitioner was promoted to the post of Head Master in the pay scale of Rs. 6500-10500 by the Selection Committee constituted under the provisions of Rule 8 of the U.P. Educational Teaching (Subordinate Gazetted) Service Rules, 1993. The promotion order was issued by the Director of Education U.P. on 21.02.1999 to the petitioner and he joined as Head Master in the Government Higher Secondary School, Chardhar, Pauri. The petitioner has also successfully completed the probation period of two years as envisaged under Rule 10 of the Rules of 1993. Suddenly, the respondent No.2 issued order dated 17.08.2002 reverting the petitioner to the post of Lecturer (Economics) without giving him opportunity of hearing and even no show cause notice was given to the petitioner to place his case before the authority concerned. 3. The contention of the respondents is that due to some clerical mistake crept in the seniority list, the promotions of Sri M.L.Semwal and Sri D.D.Joshi to the post of Principal were challenged by Sri M.R. Gairola, Sri S.D. Petwal and Sri Manmohan Chandola by filing writ petition, bearing No 1491 of 2001 which was decided by this Court on 11.04.2002. Respondent Nos. 4 & 5 in the said writ petition sought review of that order in which the Director of Education was directed to hear respondent Nos. 4 & 5 before taking any action. They appeared before the Director of Education and inform that Sri Gaber Singh Negi (petitioner in the present writ petition) who is junior to them has been promoted to the post of 4 Principal and accordingly the petitioner Gaber Singh Negi has been reverted to the original post of Lecturer in compliance of the orders passed by this Court on 11.04.2002 and 26.04.2002. 4. I have heard the learned counsel for the parties and perused the record. Perusal of the impugned order shows that order has been passed by this Court in Writ Petition No.1491 of 2001,Maya Ram Gairola and others versus State of Uttaranchal and others on 11.04.2002, in which the department was directed to consider the claim of the petitioners (in W.P.No.1491/2001) for promotion to the post of Head Master in Government Higher Secondary School according to their ranking in the seniority, eligibility and suitability. The respondent Nos. 4 & 5 (in W.P.No.1491/2001) sought review of the said order dated 11.04.2002 by filing review petition No.983 of 2002. The review petition was disposed of with the direction to the department to hear the respondent Nos. 4 & 5 before taking any action against them as per the statement made. 5. The record further reveals that in the Writ Petition No.1491 of 2001 Gaber Singh Negi (petitioner in the present writ petition) was not made party and even the order of his promotion dated 21.02.1999 was not challenged. In the said writ petition the promotion order dated 15.07.2000 was questioned by the petitioners and they sought quashing of the promotion of respondent Nos. 4 & 5 whose name found place in the said promotion order dated 15.07.2000. The petitioner in the 5 present writ petition was promoted on the basis of final seniority list dated 11.10.1993 in which he was placed at serial No.335. The petitioners in Writ Petition No.1491 of 2001 were placed at serial No. 531,613 and 1473 of the final seniority list dated 11.10.1993. Petitioner Gaber Singh Negi was promoted on 21.02.1999. The petitioners (in W.P.No.1491 of 2001) had never filed their objection to the provisional seniority list. Therefore, they could not challenge the final seniority list after such a long period. The assertion of the respondents is wrong that the petitioner Gaber Singh Negi cannot claim seniority prior to his appointment as the appointment letter was issued to the petitioner in the year 1979 and he joined thereafter. The petitioner was duly selected by the U.P. Public Service Commission on the post of Assistant Teacher L.T. Grade (Biology) in the pay scale of Rs. 300- 550 on 04.09.1976 and he joined on the said post immediately on receipt of appointment letter by the Additional Deputy Director (Madhyamik) U.P. dated 22.03.1979. The order reverting the petitioner without giving him opportunity of hearing was passed by the respondent No.2 in violation of Article 14 of the Constitution of India. Therefore, it is illegal and cannot be sustained in the eye of law. 6. In view of above discussion, the writ petition is allowed. The impugned order, so far as it relates to the reversion of the petitioner, is quashed. No order as to costs. (P.C.Verma,J.) 29.04.2008 P.Singh 6