DEVENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) -The controversy raised in the present petition pertains to determination of the date from which the petitioner Devendra Kumar Srivastava, is entitled to be appointed as lecturer on substantive basis as well as in respect of his right qua of officiating appointment as Principal against a vacancy which has been caused on 1.7.2006 in the institution. The claim of the petitioner is being resisted by respondent No. 5 on the ground of seniority.

(2.) THE contesting respondents have filed their counter-affidavit and parties agree that the writ petition be disposed of at this stage itself without any further affidavits is being called for.

(3.) RESPONDENT No. 5 Govind Mishra was appointed as C.T. grade Physical Training teacher on 8.6.1969 in the institution. He was permitted salary in L.T. grade after completing ten years of service in terms of Government order dated 28.2.1990. On completing further period of 10 years in L.T. grade he was granted salary in lecturer grade. The aforesaid fact are not in dispute. In terms of the Government order dated 25.10.2000 it is alleged that designation of lecturer was also conferred upon Sri Govind Mishra. In view of the same Govind Mishra treated senior to the petitioner and on 30.6.2005 with the retirement of acting Principal of the institution Govind Mishra was handed over charge of the officiating Principal. His signatures were attested on 6.7.2006.