JALDEO SINGH Vs. DEPUTY DIRECTOR OF EDUCATION JHANSI

JUDGEMENT

(1.) R. B. Mehrotra, J. The perennial problem of seniority amongst teachers of Intermediate College is involved for consideration in the present writ petition. The contestants in the writ petition are Sri Jaldeo Singh, Lecturer in Agriculture in J. P. Sharma Intermediate College, Baberu, district, Banda (hereinafter referred to as the Institution) who is the peti tioner and is claiming seniority over Sri Ram Kripal Sahu, Lecturer in Chemistry in the Institution who has been arrayed as respondent No. 2 in the writ petition. The writ petition is directed against an order of the Deputy Director of Education, Jhansi, dated 1st of June, 1994, determining the inter se seniority amongst teachers of the Institution wherein Ram Kripal Sahu has been shown at Serial No. 2 and his date of appointment in the clear vacancy has been shown to be 8-7-1968 whereas the date of appointment of the petitioner, Jaldeo Singh in the clear vacancy has been shown to be 8-7-1969.

(2.) THE contention on behalf of the petitioner is that he was appointed in a clear vacancy on probation as far back as on 7-7-1965 and on the aforesaid basis the petitioner claims seniority over respondent No. 2.

(3.) FACTS necessary for the decision are as under: A letter dated 7-7-1965 has been filed as Annexure-1 to the writ petition wherein the Principal of the Institution has sent information to the petitioner, Sri Jaldeo Singh that with reference to his application, the petitioner has been appointed on one year's probation, subject to the approval of the District Inspector of Schools. It was also mentioned that the petitioner will be given one advance increment. The service book of the petitioner has been filed which shows that the date of the appointment of the petitioner is 7-7-1965. The copy of the letter of the District Inspector of Schools dated 15-9-1965 has been filed as Annexure-2 wherein the District Inspector of Schools has made query from the Manager of the Institution that in the list of vacancies on From 'a' only 8 posts have been shown but approval for appointment of 13 teachers has been sought. The letter further made query that remaining five posts should be shown giving name of the incumbents held by the person last year. Second query was made that approval for temporary appointment of Sarvshri Jaldeo Singh and Gyan Singh has been sought while they are fully qualified for the post, at such, they can be appoint ed on probation,.