STATE OF UTTAR PRADESH Vs. SUDARSHAN DEO

JUDGEMENT

(1.) This was a special appeal by the State of Uttar Pradesh and the Director of Education, Uttar Pradesh, against an order of Nigam, J. of the Allahabad High Court allowing the writ petition of Sri Sudarshan Deo, under Article 226 of the Constitution, praying for the issue of a writ of mandamus directing the appellants to fix his seniority in the graded list of special Subordinate Educational Service, U. P., on the basis of the original date of this substantive appointment in that cadre, that is from March I, 1941. The appeal was heard by a Division Bench, consisting of R. Dayal and B. Upadhya, JJ. The Hon'ble Judges having differed in their opinions they referred two questions to a third Judge for his opinion. Thus, the matter came before M. C. Desai, J. who delivered the following opinion : Desai, J. The following two questions have been referred for my opinion :

(2.) Whether the respondent's seniority in the Special Subordinate Service, U. P., should be determined on the basis of his substantive appointment as Supervisor, Agricultural Schools, U. P., in the Rs. 120-300 grade on the 1st March, 1941 or on the basis of his confirmation in that appointment and grade from the 1st March 1942 or from the 22nd May 1946 when that post was included in the cadre of the assistant Masters of Government Intermediate Colleges in the Special grade of the Subordinate Educational Service?"

(3.) The special appeal was filed from my learned brother's judgment. It came up for hearing before my brothers Raghubar Dayal and B. Upadhya, who differed from each other about the orders to be passed in the special appeal. Raghubar Dayal, J. was of the view that the special appeal should be allowed and the respondent's petition be dismissed, while B. Upadhya J. was of the opinion that it should be dismissed with costs.