SURENDRA SINGH BENIWAL Vs. HUKAM SINGH

JUDGEMENT

(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 dismissed 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 15.1.1931 in Murli Manohar Inter College Ishurteel, 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 institution 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.