KEDAR NATH SRIVASTAVA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Heard Sri Ashok Khare, senior advocate assisted by Sri V.K. Singh for petitioner and Sri R. K. Srivastava for respondent No. 6. Learned standing counsel appears for respondent Nos. 1 to 4.

(2.) Brief facts, giving rise to this writ petition, are that the petitioner was appointed as Assistant Teacher in C.T. grade on 9.7.1993 in Inter College, Laxmipur, Ekdanga, Maharajganj. On the abolition of C.T. grade, the petitioner was placed in L.T. grade on 1.1.1986. Sri Uma Shanker Lal was the permanent Principal and Sri Jagdamba Lal Srivastava was permanent Lecturer in Economics. Sri Uma Shanker Lal expired on 14.9.1990, after which Sri Jagdamba Lal Srivastava, Lecturer in Economics in the institution was given ad hoc promotion as Principal of the college on 12.11.1990. The ad hoc promotion was approved by District Inspector of Schools and Sri Srivastava was given pay scale applicable to the post of Principal. Consequently it is alleged that the post of Lecturer in Economics fell vacant, and that the petitioner was allowed to teach Economics upto Intermediate Classes w.e.f. 1.1.1991.

(3.) The Committee of Management of the college, by its resolution dated 13.6.1994, resolved to give ad hoc promotion to the petitioner as Lecturer in Economics w.e.f. 1.1.1991. Sri Prem Narain Chaurasia, respondent No. 6 passed, M.A. Examination in Economics in 1997. He filed a Writ Petition No. 52551 of 1999, which was disposed of on 22.12.1999 with directions to decide his representation. The Director of Education (Secondary) U.P. by his order dated 20.5.2000 directed the District Inspector of Schools, Maharajganj and Joint Director of Education, Gorakhpur to initiate selection proceedings in accordance with U.P. Secondary Education and Services Selection Board Act, 1982, and Intermediate Education Act, 1921 after deciding the seniority between the parties.