R.B.Misra, J. - (1.) In this writ petition the petitioner has prayed for quashing the impugned order dated 12.7,1999 ( Annexure-6 ) and for the consequential benefits including promotion, seniority w.e.f. 1990 as had been given to the respondent No. 2 who admittedly was placed below the petitioner in the main select list of 1990, and for further relief of arrears of difference of salary paid and due to the petitioner.
(2.) Heard Sri Prakash Padia, learned Counsel for the petitioner as well as learned Counsel for the respondents.
(3.) The brief facts necessary for adjudication of the writ petition are that the petitioner is M.A. ( Hindi and Economics ) from University of Kanpur. Ph.D. in (Hindi), B.Ed, from Bundelkhand University was initially selected in 1990 under Subordinate Education Service (Gazetted) (in short SESG) in the pay-scale of Rs. 2000-60-2300-E.B. -75-3200-100-3500 (women branch) and was initially appointed as Deputy Inspectress of Girls School (DIOGS ), district Bahraich, U.P. The name of petitioner was shown at Serial No. 9 of list for appointment in the order dated 8.6.1990 of Director Education (Basic), U.P. (enclosed as Annexure-5 to the writ petition), however, at relevant time the petitioner was assigned and worked as Basic Education officer. The U.P. Public Service Commission (in short called hereinafter as 'Commission'), on the basis of an earlier another advertisement dated 24th August, 1985 ( Annexure-1 ) recruited 33 posts of the 'Principal' of Government Girls Intermediate College (in short GGIC). The petitioner was also selected and final selection list dated 14.6.1989 known as select list of 89-90 (enclosed as Annexure-2) was published where the name of the petitioner was shown at Serial No. 1 of the waiting list. By an order dated 1.8.1990, the State Government appointed only 32 candidates, (Annexure-3 to the writ petition) mostly to the post of Principal, ' GGIC ' in the scale of Rs. 2200-75- 2800-EB-100-4000 in which one candidate namely, Mrs. Parvati Singh was left over (as her appointment was cancelled in April, 1992 (therefore, the State Government requested the 'Commission' to forward the name of the petitioner from the above waiting list, however, the Commission, declined to do so, being aggrieved of the petitioner filed a Writ Petition No. 10175 of 1993, Dr. (Smt.) Uttam Gulati v. State of U.P. and Ors., for a writ of mandamus seeking direction to the respondents for issuance of an appointment order to the post of Principal of Government 'GGIC along with other benefits as admissible to the selectee Principals of Examination, 1985. The above writ petition was allowed by this Court on 2.5.96 (enclosed as Annexure-4 to the present writ petition) and the Commission was directed to send the name of the petitioner from the said waiting list so that the State Government might issue an appropriate order in respect the appointment of the petitioner as'GGIC.;