(1.) Writ petition is directed against the order dated 7.12.2010 (Annexure 8 to writ petition) passed by Joint Director of Education, Allahabad Region, Allahabad (Respondent No. 2) holding Respondent 5, Balram Mishra, senior to Petitioner on the ground that for Respondent No. 5 date of appointment reckon for seniority would be 20.4.1998 while for Petitioner it would be 17.2.2004. Petitioner has also challenged order dated 9.10.2006 passed by Respondent No. 2 whereby it has regularized Respondent No. 5 on the post of Lecturer.
(2.) Facts giving rise to the present dispute, as borne out from record, are as under.
(3.) Moti Lal Nehru Inter College, Kaundhiyara, District Allahabad is a recognised institution imparting education upto intermediate classes and is governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act"), U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "1982 Act") and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "1971 Act"). Petitioner Vidya Kant Tiwari was appointed as Assistant Teacher (L.T. Grade) on 1.8.1994 and was promoted as Lecturer (Hindi) on 16.2.2004. The date of appointment of Petitioner is not disputed by anyone. The real issue revolves around the date of appointment of Respondent No. 5. He was appointed on ad hoc basis on 1.7.1991. His salary was not paid. He filed Writ Petition No. 14363 of 1992 wherein an interim order was passed directing payment of salary pursuant whereto it was paid. Writ Petition was disposed vide judgment dated 4.3.2005 whereby this Court directed authorities concerned to consider his case for regularization under Section 33-C of 1982 Act in accordance with law pursuant whereto Respondent No. 2 passed order on 9.10.2006 regularizing Respondent No. 5 on the post of Lecturer with effect from 20.4.1998. It is on the basis thereof, Respondent No. 5 has been held senior to Petitioner.
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