Petitioners sought mandamus to be posted as Head Masters with back salary while in District Varanasi. Court held petition dismissed as they voluntarily chose reversion to Assistant Teachers for transfer.
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Court No. - 7 Case :- WRIT - A No. - 15709 of 2018 Petitioner :- Vinod Kumar Singh And 11 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Upadhyay,Suneel Kumar Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioners, learned standing counsel for the State-respondents and learned counsel for the respondent nos. 2 and 3.
This writ petition has been filed by the petitioners praying for the following relief:
i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure the joining of the petitioners on the post of Head Master of the Primary Institutions in view of the fact that they have already been promoted on the said post before their transfer to District Varanasi and pay them their salary along with the arrears on that account.
In paragraph 5 of the writ petition, the petitioners have stated that they were Assistant Teachers and subsequently they were promoted to the post of Headmasters of Primary Pathashala on various dates during the year 2008 to the year 2013.
Learned counsel for the petitioners states that they were posted in District - Azamgarh and Ghazipur. They sought their transfer from the aforesaid Districts to the District Varanasi. They gave an undertaking on affidavit that they may be transferred on the post of Assistant Teachers in District Varanasi. Consequently, separate orders were passed in June 2018, demoting them to the post of Assistant Teachers in the concerned school and thereafter they were transferred to Varanasi where they joined on the post of Assistant Teachers. Copies of the demotion orders have been collectively filed as Annexure 4 to the writ petition which are not under challenge in the present writ petition. The petitioners have voluntarily chosen to work as Assistant Teachers so as to seek transfer to District Varanasi. They have joined at their transferred place in District Varanasi. They are not challenging their orders of demotion or reversion to the original post of Assistant Teachers held by them.
Under the circumstances, the relief as prayed in the present writ petition can not be granted. Consequently, the writ petition fails and is hereby dismissed .
Order Date :- 30.7.2018/vkg
1 issue framed by the court
Whether the petitioners are entitled to a writ mandamus directing authorities to ensure their joining on the post of Head Master after their voluntary reversion to Assistant Teachers.
Vinod Kumar Singh And 11 Others
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
