HAFIZ ULLAH KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manoj Misra, learned counsel for the petitioner, Sri R.K. Srivastava for respondent No. 5 and learned Standing Counsel for Respondent Nos. 1, 2 and 3.

(2.) The challenge is to the order of seniority as determined by the Joint Director of Education vide order dated 28.8.2009.

(3.) Sri Misra contends that the impugned order proceeds without considering the impact of Regulation 3 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. He contends that as a matter of fact service in that grade would mean the period for which the petitioner has received salary in the Lecturer grade. The contention in short is that in view of the Government Order dated 28.2.1990 read with the Government Order dated 25.10.2000, it is established that the petitioner was paid salary in the Lecturer grade and, therefore, his seniority should be counted in that grade only from the date of receipt of salary in the Lecturer grade.