Neutral Citation No. - 2025:AHC:62583 Court No. - 7 Case :- WRIT - A No. - 11743 of 2022 Petitioner :- Ramesh Chandra Verma Respondent :- Director Of Education And Another Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Prabhakar Dwivedi,Vikram Bahadur Yadav Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Additional Advocate General for the State. 2. The present writ petition is filed with the following prayer: "I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 16.06.2022, passed by the respondent no.1 Director of Education (Secondary) U.P., Shiksha Niyukti (L.T.) Anubhag Prayagraj, so far as to hold counting of seniority of Assistant Teacher L.T. grade from the date of joining in the State of U.P. by transfer from the State of Uttrakhand (Annexure No.8 to the writ petition). II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider for counting seniority of the petitioner on the post of Assistant Teacher L.T. grade in Government Inter College w.e.f. 09.11.2000 with all service benefits within stipulated time as may be fixed by this Hon'ble Court." 3. It is submitted by learned counsel for the petitioner that petitioner is working on the post of Assistant Teacher in L.T. grade in the Government Inter College. By means of the impugned order, the tentative seniority list has been published and objections have been invited. 4. Learned counsel for the petitioner submits that initially the petitioner was appointed in Uttrakhand on 19.04.2000 and thereafter the State of Uttrakhand was carved out on 25.08.2000 by U.P. State Re-organization Act, 2000. He submits that thereafter petitioner was transferred on 09.10.2012 to the State of Uttar Pradesh under the spouse clause in terms of notification dated 04.02.2009 and petitioner has joined on 12.11.2013 in the State of Uttar Pradesh. He submits that petitioner is entitled for consideration of seniority from 09.11.2000 in terms of clause- 5(dha) of notification dated 04.02.2009. He further submits that as per the aforesaid clause the seniority is to be considered with effect from 09.11.2000. 5. Learned counsel for the petitioner submits that apprehension of the petitioner to the effect that in the impugned order which invites objections against tentative seniority list, it has been stated that the seniority would be considered from the date of joining which is contrary to the Government Order which has been issued on 04.02.2009. 6. Sri Ajit Kumar Singh, learned Additional Advocate General appearing for the State submits that till date no final seniority list has been published. The objections are invited. The petitioner may file fresh objection raising the issue as has been argued before the Court and the State is still open to consider all the objections of the petitioner with regard to seniority in accordance with law. 7. Considering the statement by the learned Additional Advocate General, the writ petition is being finally disposed of with liberty to the petitioner to file fresh objections to the tentative seniority list within a period of 15 days from today. In the event, objections are filed, the same would be considered by the respondent no.1- Director of Education (Secondary) U.P., Shiksha Niyukti (L.T.) Anubhag, Prayagraj, expeditiously and shall also consider the effect of the Government Order dated 04.02.2009 issued under the U.P. State Re-organization Act, 2000 and other laws as may be applicable. 8. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. Order Date :- 24.4.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad