SUNIL KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) These four writ petitions arise out of a seniority dispute between one Sunil Kumar Mishra and Ganesh Chandra Goel, both of whom claim entitlement to officiate as Principal of Madan Lal Inter College, Bisauli, Budaun, on the strength of their seniority. The dispute has arisen after the office of Principal fell vacant on 30th of June, 2014. In order to examine their right in the context of facts brought on record, certain ancillary aspects also arise for determination which would be noticed, later. Facts necessary for adjudicating the aforesaid dispute are as under.

(2.) Madan Lal Inter College, Bisauli, Budaun, is a recognized and aided Intermediate Institution, which is governed by the provisions of U.P. Intermediate Education Act, 1921; U.P. Secondary Education Services Selection Board Act, 1982 and the Uttar Pradesh High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971. Post of Lecturer in Chemistry in the Institution was held by one Suraj Prakash Agrawal. It is asserted that he went on leave due to some differences with the management of the Institution and did not turn up. It is against this vacancy that petitioner Sunil Kumar Mishra claims to have been appointed on 29.10.1985 as Lecturer in Chemistry. His letter of appointment is on record, as per which the appointment was offered on temporary basis, against short-term vacancy, upon an application made by him, for a period of five months. It is alleged that this appointment was approved for the academic session. In the next session 1986-87 also the petitioner made an application for being granted opportunity to work against the same post, on which an endorsement was made by the Manager that negotiation with Suraj Prakash Agrawal is going on and in case he fails to turn up then petitioner - Sunil Kumar Mishra can be appointed. Though petitioner claims that he was engaged in the next session also but financial approval was not granted to him, on account of which he approached this Court by filing Writ Petition No. 20807 of 1986. An interim order apparently was granted in his favour, on account of which he continued to work.

(3.) It is then asserted that on the basis of information sent by the Principal of the Institution concerned the District Inspector of Schools, Budaun, on 19.5.1992, regularized the services of the petitioner on the post of Lecturer in Chemistry. Writ Petition No. 20807 of 1986 was thereafter dismissed as having become infructuous on 11.9.2006. The order of the District Inspector of Schools dated 19.5.1992, whereby services of the petitioner was regularized w.e.f. 6.4.1991, was specifically taken note of in the order dated 11.9.2006. It is on the strength of this order that petitioner Sunil Kumar Mishra claims his seniority to be reckoned from 6.4.1991. It is also asserted that treating his substantive appointment to be w.e.f. 6.4.1991 the authorities have granted subsequent service benefits also in the form of selection grade and promotional pay-scale etc., vide order dated 22.11.2008.