Allahabad High Court
DR. SURABHI SRIVASTAVAversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the petitioner’s seniority must be fixed before any further promotion to Gazetted Teacher is processed.
Summary
The petitioner, Dr. Surabhi Srivastava, a Subordinate Gazetted Teacher, filed a writ petition seeking fixation of her seniority after being promoted on 26 October 2017 and joining the post on 25 August 2018. The petitioner argued that her seniority had not been fixed, which could impede future promotion to Gazetted Teacher. The Court, after hearing senior counsel for the petitioner and counsel for the respondent Commission, noted that the seniority indeed remained unfixed. It observed that the lack of seniority fixation would affect the petitioner’s eligibility for further promotion. Consequently, the Court disposed of the petition, directing that the petitioner’s seniority be fixed before any further promotion process is initiated. The order was pronounced on 18 May 2026.
Issues considered
- Whether the petitioner’s seniority should be fixed following her promotion to Subordinate Gazetted Teacher
- Whether the non-fixation of seniority adversely affects the petitioner’s eligibility for further promotion
Subjects
- seniority fixation
- government service promotion
- subordinate gazetted teacher
- gazetted teacher
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7491 of 2026
Dr. Surabhi Srivastava
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Kumar Tripathi, Shivendu
Ojha, Sr. Advocate
Counsel for Respondent(s) : C.S.C., Mahendra Narain Singh
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1.Heard Sri R.K.Ojha, learned Senior Advocate assisted by Sri Shailesh
Kumar Tripathi, learned counsel for the petitioner, Sri Santosh Kumar,
learned Standing Counsel and Sri Avijit Saxena, learned counsel for the
respondent Commission.
2. At this stage Court finds that petitioner's seniority be fixed on basis of
her promotion on the post of Subordinate Gazzetted (Teacher) vide an
order dated 26.10.2017 and that she joined on promoted post on
25.8.2018 since according to learned Senior Counsel till date petitioner's
seniority has not been fixed, which is likely to affect her further
promotion.
3. Accordingly, this Writ Petition is disposed of with an observation that
petitioner's seniority be accordingly fixed preferably before process is
initiated for further promotion on the post of Gazetted (Teacher).
(Saurabh Shyam Shamshery,J.)
May 18, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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