HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 463 of 2003 (SS) Pushkar Lal Shah son of Shri Mahendra Lal Government Inter College, Berinag, District Bageshwar ……….. Petitioner Versus 1. District Inspector of School, District Pithoragarh 2. Joint Director of Education, Kumaon Division, Nainital 3. Principle, Government Inter College, Bering, District Pithoragarh 4. Kripal Singh R/o Government Inter College, Berinag, District Bageshwar ………….. Respondents Sri Manoj Tewari for the petitioner Standing Counsel for the respondents. Dated: March 8, 2006 Hon’ble Rajesh Tandon, J. Heard Sri Manoj Tewari, counsel for the petitioner and Standing Counsel for the respondents. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondent no. 2 to pass appropriate orders regarding merger of the petitioner on the post of Assistant Teacher (L.T. Grade (physical Education) in accordance with the proposal submitted by respondent no. 1 on 18.9.2002 and also in the light of the academic qualification possessed by the petitioner. 2 Briefly stated according to the petitioner he has passed B.A. examination from kumaon University with General Hindi, Literature Hindi, Education and Sociology subjects. The District Inspector of Schools, Pithoragarh had passed an order dated 27.10.1990 whereby the petitioner was transferred from Government Inter College, Pankhu to Government Inter College, Barenag. In the said order it has been specifically mentioned that petitioner is being transferred to the Government Inter College Berinag on the post of Assistant Teacher C.T. Grade (Physical Education). The petitioner joined his duty at Government Inter College, Berinag on 30.10.1990. In the year 1995 the petitioner was promoted to L.T. Grade and since then he has been working as L.T. Grade Teacher (Physical Education). The petitioner has submitted that respondent no. 4 sought his transfer in the year 1997 from Government Inter college, Muwani, District Pithoragarh to Berinag. He was Assistant Teacher, Physical Education there. On personal request he was transferred to Govt. Inter college, Berinag as Assistant Teacher in general cadre. The petitioner has submitted that respondents are trying to accommodate respondent no. 4 against the only post of Assistant Teacher Physical. On the representation of the petitioner respondent no. 1 passed order on 18.9.2002 and specified that the petitioner’s appointment in the institution of respondent no. 3 was made against the post of Assistant Teacher Physical. In the pay fixation order the post of the petitioner has been described as Assistant Teacher L.T. Grade (Physical Education) but the post of the respondent no. 4 has been shown as Assistant Teacher L.T. Grade only. The petitioner has alleged that on 14.7.2003 respondent no. 1 with 3 the collusion of respondents no. 3 passed an order and directed the principal to hand over the charge of Assistant Teacher Physical Education to the respondent no. 4. The petitioner has submitted that the order 14.7.2003 cannot be allowed to stand as before passing order no opportunity of hearing was given to the petitioner. According to the petitioner the U.P. Subordinate Education (Trained Graduates Grade) Service Rules 1983, provides that a person, who has passed Graduation with at least any two subjects out of History, Geography, Political Science and Economics alone, shall be eligible for appointment as Assistant Teacher (General). The petitioner does not posses the said eligibility condition as such he cannot be absorbed on the post of Assistant Teacher L.T. Grade (General). Counter affidavit has been filed on behalf of respondents. The respondents have submitted that the petitioner has been absorbed on the post of Assistant Teacher L.T. Grade, General on 20.9.1995 after completing his ten years of service in C.T. Grade, as C.T. Grade was declared a dying cadre. After his absorption in L.T. Grade General the petitioner never claimed that his services may be absorbed on the post of Assistant Teacher, L.T. Grade, Physical. From 20.9.1995 the petitioner is continuously working on the post of Assistant Teacher, L.T. Grade, General. Respondent no.4 was promoted to the post of assistant Teacher L.T. Grade, Physical vide order date 18.9.1996 and thereafter he was transferred to the present institution on the post of Assistant Teacher L.T. Grade, Physical on 13.11.1997 and since then he is working on such post. On the request of respondent no. 4, Principal of the Institution wrote a letter to the District Inspector of Schools Pithoragarh seeking clarification in this regard on 14.7.2003. In reply to this the 4 District Inspector of Schools vide order dated 14.7.2003 directed that as respondent no. 4 is already working on the post of Assistant Teacher L.T. Grade, Physical in the Institution, therefore, the entire charge of the games as well as tools be handed over to him. The petitioner has submitted that in his transfer order dated 27.10.1990 from Government Inter College Pankhu to Govt. Inter College, Berinag, it was specifically mentioned that the petitioner is being transferred on the post of Assistant Teacher C.T. Grade (Physical Education) and he joined at Govt. Inter College, Berinag on the post of Assistant (Physical Education). Further plea which has been raised by the petitioner is that he had passed B.A. Examination with General Hindi, Literature Hindi, Education and Sociology subjects. The U.P. Subordinate Education (Trained Graduates Grade) Service Rules, 1983 provides that a person, who has passed Graduation with at least any two subjects out of History, Geography, Political Science and Economics alone shall be eligible for appointment as Assistant Teacher (General). The petitioner does not possess the said legibility condition, as such he cannot be absorbed on the post of Assistant Teacher L.T. Grade (General). The petitioner has submitted that the respondent No.4 possesses requisite qualification for being posted as Assistant Teacher L.T. Grade (General) and he was transferred to Govt. Inter College, Berinag on the post of Assistant Teacher L.T. Grade (General). The charge certificate issued by the Principle of the said institution also shows that respondent No. 4 joined duties in the Institution as Assistant Teacher L.T. Grade (General). 5 The petitioner has submitted that he has made a representation on 5.9.2002 to the respondent no. 1 but the same has not been disposed of at yet. In view of above, liberty is given to the petitioner to move a fresh representation to the Director of Education, State of Uttaranchal within 15 days after the receipt of the certified copy of this order, who shall decide the same within three months thereafter. In the mean time operation of the order dated 14.7.2003 shall remain in abeyance and the petitioner shall continue to work as Assistant Teacher L.T. Grade (Physical Education). Accordingly, the writ petition is disposed of. No order as to costs. Dated: 8.3.2006 Rajesh Tandon, J. *Dhyani