Arun Tandon, J. - (1.) BY means of this application the applicant (Respondent No. 2), who is present in -person, seeks review of the judgment dated 14th July, 1997 where under his writ petition was decided along with other similar writ petitions vide a common judgment.
(2.) FACTS giving rise to the present proceedings may be stated in short. Respondent No. 2 to the present petition filed a Claim Petition No. 208/I/84 before the Tribunal seeking a direction that his seniority be determined as Assistant Teacher of a primary school, run at the relevant time by the Nagar Palika Mirzapur, from the date of his joining i. e. 05.08.1959. It was further stated that the applicant completed his B.T.C. Training in 1967 and that his services stood transferred to the Basic Shiksha Parishad on 01.07.1079 after the institution came under the control and supervision of the Basic Shiksha Parishad, constituted under the Basic Education Act, 1972.
(3.) THE claim petition was contested by the Basic Shiksha Adhikari, Mirzapur and it was stated that under Section 73 of the Educational Establishment Service Rules, 1954 no teacher can be appointed unless he is trained and is below the age of 35 years. It was, therefore, contended that the seniority could be determined only from the date of training and not from any date prior to it. The Tribunal, however, allowed the claim petition vide judgment and order dated 19.05.1990 and it was declared that the seniority of the Petitioner be determined for all practical purposes from 05.08.1959 and his salary etc. be fixed accordingly.;