MUNSHI LAL VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Writ Petition No. 51876 of 2008 has been filed by Sri Munshi Lal Verma, (hereinafter referred to as he Petitioner) a teacher of Uttam Inter College, Jirauli Dhoom Singh, Aligarh (hereinafter referred to as the "College") challenging order dated 19.9.2008 (Annexure-22 to writ petition) passed by District Inspector of Schools, Aligarh (hereinafter referred to as the "D.I.O.S.") referring to this Court's order dated 14.12.2005 passed in writ petition 75357 of 2005 filed by Sri Babu Singh Raj (hereinafter referred to as "the contesting Respondent"), suspending his own order dated 30.8.2008 whereby he had approved signature of Petitioner.

(2.) The facts, in brief, stated in the writ petition are that the Petitioner was appointed as Assistant Teacher in BTC grade on 21.7.1972 while Sri Babu Singh Raj, Respondent No. 4 (the contesting Respondent) was appointed in the same grade on 1.11.1977. Both of them thereafter were given higher grade on the same dates namely, C.T. grade on 1.7.1979, L.T. Grade on 11.04.1990 and Selection Grade on 11.4.2000. The date of birth of Petitioner is 8.12.1950 while that of contesting Respondent is 1.1.1951. The Petitioner, therefore, claims that he is much senior to contesting Respondents view of Chapter II, Regulation 3(1)(bb) of the Regulations framed under Intermediate Education Act, 1921 (hereinafter referred to as "the Regulations").

(3.) It is pointed out that a seniority list was circulated by Principal of the College on 15.7.1992 showing inter se seniority of teachers as on 1.7.1989 wherein Petitioner was shown at serial No. 5 while the contesting Respondent was shown at serial No. 7. The date of appointment of both were mentioned as 21.7.1972 and 1.11.1977 respectively. However without disclosing correct facts the contesting Respondent filed writ petition No. 17178 of 1992. It was disposed of on 14.5.1992 directing D.I.O.S. to decide his representation. Pursuant thereto, D.I.O.S. passed an order on 6.11.1992 in favour of contesting Respondent who had claimed that he had served for two years in another institution and, therefore, service rendered thereat, i.e. Adarsh Bharti Inter College, Kalwa, Aligarh from 1.7.1971 to 30.6.1973 in C.T. grade be credited towards his experience to hold him eligible for C.T. grade having completed five years on 11.4.1983. The D.I.O.S. accepted this claim. This order dated 6.11.1992 was challenged by one Kunwar Pal Singh in a writ petition which was decided vide judgment dated 10.2.1993 relegating him to avail alternative remedy before Deputy Regional Director of Education (hereinafter referred to as 'DDE') under Rule 3(1)(f), Chapter-II of the Regulations. The said order dated 10.2.1993 was also affirmed in Special Appeal No. 203 of 1993 which was dismissed on 18.8.1994 though directed DDE to decide the appeal, if filed, within three months after affording opportunity of hearing to all concerned parties. While aforesaid appeal was pending the contesting Respondent was allowed promotion by D.I.O.S. in L.T. grade w.e.f. 11.4.1983 vide order dated 5.11.1996 modifying its earlier order dated 6.11.1992. However, this order dated 5.11.1996 was revoked when D.I.O.S. was informed about appeal pending against his order dated 6.11.1992.