Wednesday, October 5, 2022

Allahabad High Court throws out special secy directive to replace existing principal with superannuated candidate

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Prayagraj (ILNS): The Principal of Abhinav Vidyalaya, in Dadu Pur Chaka, Naini Prayagraj, had gone to court, protesting his removal from his post by an order of the Special Secretary, and allegedly replacing him with a superannuated teacher. The Allahabad High Court has stayed the Special Secretary’s order. The court has also directed district school inspector Prayagraj to allow the petitioner to keep working at his post.

The order was delivered by Justice Pankaj Bhatia.

Principal Ram Dhiraj Shukla told the court that he was selected as LT grade teacher and was appointed as assistant teacher in the school. He was promoted as Lecturer on October 1, 2009 and was further promoted on December 6, 2018. The petitioner contended that being the senior-most, he was posted as Principal of Government Abhinav Vidhyalaya on June 28, 2019 and since then he has been continuously working in this position.

The petition stated that under the guidelines of COVID-19, the government had banned any transfer during this period. Ignoring that government order, the special secretary sent another teacher as principal, supposedly replacing him. The petitioner also stated that the teacher who was sent to his position to replace him completed the age of superannuation – 60 years – on June 6, 2020.

The court had sought information from the public prosecutor in the case. The court wanted to know if the teacher sent in place of the petitioner has been appointed by the commission in the post of headmaster. It was clear from the information provided by the Government lawyer that the teacher sent to the post of headmaster was appointed on an ad-hoc basis under group B.

The court order said: “The counsel for the petitioner alleges that the respondent no. 6 has retired on 06.06.2020, however, in pursuance to the order dated 27.06.2020 a superannuated person has been appointed as Principal.”

The court has stayed the order, terming the order of the special secretary as arbitrary and directed the petitioner to continue working as the principal. The case will now be heard on December 15.

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