CHHOTEY LAL ARYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Arun Kumar Tiwari, learned Counsel for the petitioner, and learned Standing Counsel, Sri P.N. Saxena, Senior Advocate appears for respondent No. 5, Sri R.K. Ojha, appears for respondents 6, 7 and 8.

(2.) THE Jan Shikshan Intermediate College, Prem Pur, Badagaon, Kanpur Nagar was a Junior High School, which was up graded to the High School level in the year 1978. The petitioner was appointed in the institution on 1 -2 -1974, and claims to be promoted as a L.T. grade teacher in 40% promotion quota. By an order entered in his service book dated 15 -2 -1982 passed by the District Inspector of Schools he was given L.T. grade with effect from 15 -2 -1982. The U.P. Secondary Education Services Commission and Selection Board (Amendment) Act, 1991 introduced Section 33 -A (1 -A) in U.P. Act No. 5 of 1982, providing that all ad hoc, appointment in accordance with para 2 of U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981, shall be deemed to be became substantive, from the date of commencement of the Amending Act. The petitioner was given the benefit of Section 33 (1 -A) and came to hold the post in L.T. grade substantively with effect from 6 -4 -1991.

(3.) A dispute arose between the petitioner, respondent No. 5 and respondent Nos. 6, 7 and 8 with regard to their seniority as L.T. Grade teachers. The Committee of Management found that the petitioner is a senior most teacher as he was substantively appointed in L.T. grade on 15 -2 -1982. The Joint Director of Education by the impugned order dated 26 -10 -2004 has allowed the representation of respondent No. 5, and has found that he is senior to the petitioner, and is the senior -most teacher in the institution in L.T. Grade, and that the petitioner is the sixth senior most teacher, after respondent Nos. 9, 6, 7 and 8, in that order.