HARI SHANKAR PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this writ petition is the order of the Director of Education dated 29.6.2011 whereby he has declared the respondent no. 5 and 6 senior to the petitioner.

(2.) The essential facts of the case are that Pt. Jawahar Lal Nehru Inter College, Tilaura, Gorakhpur is a recognized institution. The education is imparted upto the level of Standard XII. It receives grant in aid from the State Government. The affairs of the institution is managed by the respondent no. 4 committee of management. The provisions of the U.P. Intermediate Education Act, 1921, the regulations framed thereunder, the U.P.High School and Intermediate College (Payment of Salaries of the Teachers and other Employees) Act, 1971 and the U.P. Secondary Education Services Selection Board Act, 1982 (for short Act No. 5 of 1982) are applicable to the institution.

(3.) It is stated that the petitioner was initially appointed as a CT grade teacher in the said institution on 8.7.1975 on ad hoc basis. He was regularized on 21.4.1977. He earned his promotion in the next grade viz L.T.grade. The grievance of the petitioner is that the respondent no.5 Kalapati Tripathi was appointed on ad hoc basis on 12.7.1977 . It is averred by the petitioner that respondent no.6 Ram Narayan Jaiswal was initially appointed on 8.7.1974 in another institution namely Jawahar Lal Inter College, Naugarh, Basti. He was also regularized on the same date i.e. 21.4.1977. Later on he was transferred in the present institution on 19.9.1985.