VIJAY KUMAR JHA Vs. HIRA LAL SINGH

JUDGEMENT

(1.) THE controversy as to the seniority between Vijay Kumar Jha and Shri Hira Lal Singh has been bothering this Court time and again. Admittedly, both are employees of the Vidyalaya Sewa Board, which was earlier known as Education Service Commission. Vijay Kumar Jha will be hereinafter referred to as the appellant and Shri Hira Lal Singh will be referred to as respondent no. 4. Similarly the documents will be referred with reference to the annexures as given in C.W.J.C. No.1611 of 1995.

(2.) L .P.A. No. 135 of 1988 is directed against the judgment passed by the learned Single Judge in C.W.J.C. 1442 of 1983 filed by respondent no. 4 challenging the seniority of the appellant which was allowed on 13.7.1988 and the question of determination of seniority was remanded to the authority to be considered in the light of the observation made in the said judgment.

(3.) THE undisputed facts are that on 7.11.1975, an advertisement was issued by the erstwhile Education Service Commission inviting applications for appointment to Class III and Class IV posts. For the said posts including the post of Lower Division Assistant, the last date for filing the application was 21.11.1975. The said advertisement clearly mentions that the weightage would be given to the persons having experience. In column '8' of the advertisement, it was mentioned that in support of experience, a certificate should be filed of the concerned Head of the Department. The appellant applied for the said post, whereas, respondent no. 4 applied for the post of Routine Clerk. His application was also treated as an application for the post of Lower Division Assistant. Copies of the advertisement and the applications filed by appellant and respondent no. 4 have been annexed as Annexures 1, 2 and 3, respectively to C.W.J.C. No. 1611 of 1995.