SURENDRA SINGH BENIWAL versus HUKAM SINGH & ORS

Citation: [2009] 6 S.C.R. 880 · Decided: 23-04-2009 · Supreme Court of India · Bench: MARKANDEY KATJU, H.L. DATTU · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2009] 6 S.C.R. 880 
A 
SURENDRA SINGH BENIWAL 
v. 
HUKAM SINGH & ORS. 
(Civil Appeal No. 2766 of 2009) 
B 
APRIL 23, 2009 
[MARKANDEY KAT JU AND H.L. DATIU, JJ.] 
REGULATIONS FRAMED UNDER UTTAR PRADESH 
INTERMEDIATE EDUCATION ACT, 1921: 
c 
r.61(2)(b) - Seniority of a transferee teacher - Held: A 
teacher, on being transferred on his own request, would be 
placed at the bottom of the seniority list of teachers serving 
on the same cadre in the transferee institution - Teacher 
D concerned having sought voluntary transfer was rightly placed 
at the bottom in the seniority list of the transferee college -
Judgment of High Court set aside - Writ petition of teacher 
concerned dismissed. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
E 2766 of 2009. 
From the Judgment & Order dated 20.06.2007 of the High 
Court of Uttarakhand at Nainital in Special Appeal No. 19 of 
.. 
2007. 
F 
Rajiv Dhavan, Dinesh Kumar Garg and M.A. Khan for the 
Appellants. 
Deba Prasad Mukherjee, Sunil Kumar Singh (for Jatinder 
Kumar Bhatia) and Amit Kumar for the Respondents. 
G 
f 
The following Order of the Court was delivered: 
ORDER 
1. Leave granted. 
H 
880 
.. 
l· 
SURENDRA SINGH BENIWAL v. HUKAM SINGH & 881 
ORS. 
1-A. This appeal is directed against the impugned 
judgment dated 26.6.2000 passed by the Division Bench of the 
High Court of Uttrakhand by means of which the Division Bench 
dismissed the Special Appeal filed by the appellant against the 
judgment of learned Single Judge who had dismisse_d the 
review petition filed by the appellant. 
2. The brief facts of the case are that respondent No.1 was 
appointed as Lecturer in English on 15.1.1981 in Murli Manohar 
Inter College· lshurteel, District Muzaffarnagar. Thereafter, 
respondent No. 1, on his own request, was transferred from the 
Murli Manohar Inter College to Panna Lal Bhalla Municipal Inter 
College, Hardiwar on 21.7.1997. Since then the respondent 
No.1 has been continuously working in the said instit~tion as 
lecturer in English. The appellant was promoted as lecturer in 
Panna Lal Bhalla Municipal Inter College on 6.11.1989. The 
authorities concerned issued seniority list on 26.12.2000 
showing the date of appointment of respondent No. 1 as 
lecturer in English w.e.f. 15.1.1981 while the date of seniority 
of appellant was shown as 6.11.1989. The seniority list was 
issued after the approval of District Inspector of Schools. 
Appellant was given ad-hoc promotion to the post of Principal 
on 1.7.2001. 
3. Respondent No. 1 made a representation before the 
authority concerned regarding his seniority and claimed that he 
should be placed at serial number 1 in the seniority list on the 
basis of his seniority as lecturer as the respondent No.1 was 
much senior to the appellant, but to no avail. 
4. Feeling aggrieved by the seniority list, respondent No. 
1 filed a writ petition before the High Court. The learned Single 
Judge by order dated 8.12.2006 allowed the writ petition. 
5. Aggrieved by the order of learned Single Judge, he 
appellant filed a review petition which was rejected by order 
dated 23.2.2007. 
A 
B 
c 
D 
E 
F 
G 
H 
882 
SUPREME COURT REPORTS 
[2009] 6 S.C.R. 
A 
6. Against the dismissal of review petition, the appellant 
filed a Special Appeal before the High Court which was also 
dismissed on 20.6.2007. Hence, the present appeal by special 
leave. 
8 
-1. We have heard learned counsel appearing for the 
parties and have gone through the record. 
c 
D 
E 
F 
8. The short question involved in this case is about the 
interpretation of Rule 61 (2) of the Regulations framed under 
U.P. Intermediate Education Act, 1921 which reads as under: 
"61 (2): A teacher on being transferred in pursuance of this 
Chapter-
(a) shall become the teacher of the institution to which he 
has been transferred and his pay and service condition 
shall remain the same unless legally varied. 
(b) shall be placed at the bottom of the seniority list of the 
teachers serving on the same cadre and category in the 
institution. 
(c) in compliance to the provisions of sub-clause(b) the 
service rendered prior to the transfer in the institution from 
which the teacher has been transferred shall be treated as 
service rendered to the institution to which he has been 
transferred." 
9. A perusal of clause (b) of the aforesaid Rule shows that 
if a teacher goes on voluntary transfer from one institution to 
another, then the transferee teacher shall be placed at the 
bottom of the seni

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