In a writ petition challenging officiating appointment under the UP UTS irrespective of service rules, the Court held that despite the senior teacher's temporary medical leave, his removal did not defeat his preferential claim to the post due to seniority, dismissing the petition.
Writ petition failed and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - A No. - 16244 of 2022
Petitioner :- Netrapal Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh,Anoop Singh Counsel for Respondent :- C.S.C.,Bajrang Bahadur Singh,Satya Prakash Singh
Hon'ble Saumitra Dayal Singh,J.
officiating charge considering his higher seniority position viza-viz, the petitioner. At that point, the said respondent is not shown to have declined to hold officiating charge.
Order Date :- 2.11.2022 Prakhar
Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.11.04 10:19:25 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner was entitled to the officiating charge as Head Master contrary to the seniority of respondent no.6.
Whether the medical leave of respondent no.6 affected his claim to the seniority rule.
Netrapal Singh
State Of U.P. And 5 Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
