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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10866-10867 OF 2017 [@ SPECIAL LEAVE PETITION (C) Nos. 5894-5895 OF 2017]  

ARUN KUMAR NIRANJAN                          Appellant (s)                                 VERSUS

DISTRICT BASIC EDUCATION OFFICER & ORS.      Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted. 2. The appellant, while working as a teacher, was promoted to the post of Headmaster in the year 2007. It  appears  that  the  appellant  did  not  join  duty, because according to the appellant, it was to a rural inconvenient  area.   Thereafter,  the  appellant  was promoted  again  and  posted  as  Headmaster  by  order dated 28.08.2010. 3. While  working  as  Headmaster  in  terms  of  the promotion, the following Office Order was issued on 04.09.2010:-

“As per the serial no. 145 of order no./Promotion/282/2010-11  dated 28.08.2010  of  this  office,  Shri Vishnuswarup,  Assistant  Teacher,  Girls Primary School, Nibahna, Block : Maheva has been promoted on the post of Head Master in Girls Primary School, Nibahna,

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Block : Maheva.  His promotion being of 2007 and on the basis of approval of the Chairman  District  Selection  Committee (Promotion)  is  cancelled  till  the  next orders with immediate effect.”  

 4.   Thereafter, on 18.04.2011, a chargesheet was issued to the appellant with the following charges :-

“1.Not  taking  charge  in  the  original school  after  the  cancellation  of  the promotion; 2.Defying  the  instructions  of  the A.B.S.A., Development Block : Kaunch; 3.Defying the Developmental Orders.”

5.  Ms. Aishwarya Bhati, learned counsel appearing for  the  respondents,  submits  that  the  rules  were amended on 15.01.2010.  The amended Rule (d) reads as follows :-

“If any teacher refuses the promotion within from the both aforesaid backward areas,  that  teacher  would  not  be promoted till upcoming three years and again after three years, the promotion of that teacher would be considered as per prescribed rules.”

6. The learned Single Judge took the view that for declining  to  accept  the  promotion  and  refusing  to join duty on account of promotion in the year 2007, the  appellant  cannot  be  visited  with  any  penal

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consequences, by relying on order issued in the year 2010.  However, the order has been set aside as per the impugned order passed by the Division Bench.  It is  held  by  the  Division  Bench  that  the  actual promotion of the appellant was after the introduction of  the  amended  rules  in  January,  2010.   But unfortunately, the Division Bench missed the crucial point  that  the  appellant  is  proceeded  against  in respect  of  his  conduct  in  the  year  2007,  namely, declining  to  accept  the  promotion  and  refusing  to join duty in the promoted post.  It is not in respect of an offending conduct after the introduction of the new  rules  in  2010.   Therefore,  we  set  aside  the impugned  Judgment  and  restore  the  Judgment  of  the learned Single Judge. 7. However, in the peculiar facts of this case, the order on costs passed by the learned Single Judge is vacated. 8. In view of the above, the appeals are disposed of.

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; August 25, 2017.

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ITEM NO.18               COURT NO.5               SECTION XI                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)  No(s).  5894-5895/2017 (Arising out of impugned final judgment and order dated 27-09-2016 in SA No. 1762/2011 and SA No. 1768/2011 passed by the High Court Of Judicature At Allahabad) ARUN KUMAR NIRANJAN                                Petitioner(s)                                 VERSUS DISTRICT BASIC EDUCATION OFFICER & ORS.            Respondent(s) Date : 25-08-2017 These petitions were called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Anupam Mishra, AOR

Ms. Pooja Singh, Adv.                      For Respondent(s) Ms. Aishwarya Bhati, Adv.  

Ms. Alka Sinha, Adv. Mr. Adarsh Kumar Tiwari, Adv.  Mr. Anuvrat Sharma, Adv.  

                 UPON hearing the counsel the Court made the following

                            O R D E R   Leave granted.  The  appeals  are  disposed  of  in  terms  of  the  signed

non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)