BIR BAHADUR SINGH Vs. SHYAM SUNDER SHUKLA

JUDGEMENT

(1.) The plaintiff filed a suit alleging that in 1974 there existed a vacancy on the post of lecturer in History and Hindi in B.R. Inter College, Harriya, district Basti,. The selection was held on 12.10.1974 in which the plaintiff was selected as a Lecturer in History and the defendant No. 1 was selected as a lecturer in Hindi. The Committee of Management issued an appointment letter on 18.10.1974. Whereas the plaintiff joined as a lecturer in History on 18.10.1974 itself, the defendant No. 1 joined as a lecturer in Hindi on 10.11.1974. It was further alleged that the Committee of Management sent the recommendations of the Selection Committee to the District Inspector of Schools on 21.12.1974 for approval. The District Inspector of Schools vide letter dated 17.1.1975 granted approval to the appointment of the plaintiff and the defendant from the date of joining of their service. The plaintiff alleged that in order to give the selection grade, the Committee of Management prepared as seniority list on 28.1.1981 in which the plaintiff was shown as senior to the defendant No. 1. It was also stated that no objection was filed by anyone against the said seniority list and the same became final. The plaintiff alleged that the defendant No. 1 made a representation to the District Inspector of Schools against the seniority list and the District Inspector of Schools by an order dated 27.5.1981 declared the defendant No. 1 as senior to the plaintiff. The plaintiff alleged that the order dated 27.5.1981 passed by the District Inspector of Schools was in gross violation of the principles of natural justice and that the plaintiff was not afforded any opportunity of hearing. The plaintiff, therefore, filed a suit for a declaration praying that the order dated 27.5.1981 passed by the District Inspector of Schools was null and void and that the plaintiff be declared senior to the defendant No. 1 and that the plaintiff was entitled to the payment of the selection grade.

(2.) The defendant No. 1 contested the suit and denied the plaint allegations. The defendant submitted that he was appointed, as an Assistant Teacher in C.T. grade on 1.7.1970 and subsequently appointed as a Teacher in L.T. Grade in the same institution, which was duly approved by the District Inspector of Schools, Basti by its order dated 7.12.1971. On account of the vacancy occurring on the post of lecturer in Hindi and History, the plaintiff and defendant submitted the applications on the same day. The Committee of Management issued appointment letters on 5.11.1974 to both the plaintiff and the defendant on the condition that their appointment will be effective from the date of approval given by the District Inspector of Schools. On the basis of the appointment letters, both the plaintiff and the defendant joined as Lecturers, with effect from the forenoon of 10.11.1974. The defendant alleged that since his age was more than that of the plaintiff, he was senior to the plaintiff and this fact was recorded in various registers maintained by the institution and that he plaintiff did not raise any objection on it.

(3.) The defendant No. 1 further contended that a seniority list dated 28.7.77 was prepared by the College in which all the teachers had signed it and no objections were raised by anyone including the plaintiff. In this seniority list the defendant was shown senior to the plaintiff. The defendant contended that the seniority list prepared in the year 1981 was incorrect and he, therefore, made a representation to the District Inspector of Schools, Basti, who by an order dated 27.5.1981 granted selection grade to the defendant. The defendant contended that he was senior to the plaintiff and that the plaintiff was not entitled to any relief and that the suit was liable to be dismissed.