SHIV POOJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) An order passed by the Joint Director of Education, Varanasi Region, Varanasi, dated 24th May, 2017, whereby private respondent no.4 has been held senior to petitioner is assailed in the present writ petition. It is contended that long standing seniority in the institution is disturbed by order impugned, which is otherwise contrary to the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act of 1921') and the Regulations framed thereunder.

(2.) Petitioner claims to have been appointed as Lecturer in English pursuant to recruitment exercise undertaken by U.P. Secondary Education Service Selection Board. He has been issued an appointment letter on 6.2.2002 and has actually joined on 13th March, 2002. So far as respondent no.4 Triloki Nath Pandey is concerned, it appears that his initial appointment was on the post of teacher in physical education in C.T. Grade on 19.11.1985. His appointment was against a vacancy caused due to promotion of one Krishan Deo Prasad Mishra. The promotion order was challenged before the civil court wherein an order of status quo was passed. A subsequent order of District Inspector of Schools dated 28th March, 1987 has also been brought on record which refers to the order of civil court. Issues relating to legality of appointment of respondent no.4 are raised but they need not engage attention of this Court as would be clear from the facts noticed, hereinafter. It is admitted to the parties that services of respondent no.4 were ultimately regularized in L.T. Grade by an order of the Joint Director of Education, 5th Region, Varanasi dated 28.10.1995 with effect from 7.8.1993. This order was passed under Section 33(b) of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'the Act of 1982'). The seniority of teacher since is to be reckoned from the date of substantive appointment, in accordance with Regulation 3 (1)(b) of the Regulations framed under Chapter-II of the Act of 1921, the placement of respondent no.4 in the seniority list of L.T. Grade teacher would be fixed accordingly. This order is admitted to respondent no.4 also and therefore issues relating to his initial appointment in C.T. Grade or the date from which he was paid salary in L.T. Grade looses its significance.

(3.) Two Government Orders issued by the State Government granting benefit of pay and designation on the post of Lecturer to the teachers of physical education are relied upon by respondent no.4 to claim seniority on the post of Lecturer. The first Government Order in that regard is dated 28.2.1990, which is reproduced hereinafter:-