- (1.) List revised. Heard learned counsel for the petitioner, learned Standing Counsel, learned counsel for the respondents no. 4 to 8 and perused the record.
(2.) The present writ petition has been filed for quashing of the order dated 5.4.2006 (annexure-1 to the writ petition) passed by Joint Director of Education, Kanpur Region, Kanpur deciding the inter se seniority pending between petitioners and respondent nos. 4 to 8 by which declared the respondents no. 4 to 8 senior to the petitioners.
(3.) The brief facts of the present case are that B. N. S. D. Inter College, Kanpur Nagar is a recognise institution and governed by the provisions of U. P. Intermediate Education Act, 1921 and various rules and regulations framed. The institution is included in grant-in-aid list of government hence the Act No. 24 of 1971 (Payment of Salary Act) is also applicable. Initially the petitioners were appointed as Assistant Teacher on ad-hoc basis in C. T. Grade. The petitioner no. 1, Gyanendra Singh Chauhan and petitioner no. 2, Rajjan Lal Shukla were appointed in C. T. Grade on 5.12.1981, petitioner no. 3, Ratna Kumar Awasthi on 4.12.1981, the petitioner no. 4, Ram Veer Singh on 5.10.1982, petitioner no. 5, Sripati Yadav on 21.1.1982, petitioner no. 6, Krishna Pal Singh on 15.10.1982 and petitioner no. 7, Bhanwar Pal singh was appointed on 28.2.1984. The respondent nos. 4 to 8 were appointed as Assistant Teacher in L. T. Grade on ad-hoc basis. All the petitioners and respondents were appointed by the committee of management. The respondent no. 4, Virendra Kumar Shukla was appointed on 30.7.1986, respondent no. 5, Rajiv Kumar Sharma and respondent no. 6, Diwakar Mishra on 2.7.1990, respondent no. 7, Anwar Singh Yadav on 4.2.1991 and respondent no. 8, Atul Kumar Dixit was appointed on 2.7.1991. In the year 1989 the C. T. Grade cadre was declared by the State Government of U. P. as a dying cadre by government order dated 11.8.1989. Further government order was issued in the year 1990 to the effect that all those C. T. Grade teachers, who have completed 10 years continuous satisfactory service would be given L. T. Grade salary. On 28.2.1990 in the U. P. Secondary Education Services Selection Board Act 1982 by amendment section 33-B was added, which provides for regularisation of ad-hoc teachers. In pursuance of the provision under section 33-B the services of the petitioners no. 1 to 6 as well as respondent nos. 4 to 7 have been regularized w. e. f. 7.8.1993 and service of respondent No. 8 was regularised w. e. f. 20.4.1998 under section 33-C which was inserted by Act No. 25 of 1998. The U. P. Secondary Education Services Selection Board Act, 1982 was amended by the Act No. 25 of 1998 w. e. f. 20.4.1998 and section 33 C and D were inserted. According to provision of section 33 D, every teacher in C. T. Grade, who is a trained graduate and (a) has completed 10 years continuous satisfactory service in the said grade on or before January 1.1.1986; or (b) completed the said service of 10 years after January, 1, 1986 shall, with effect from the date of completion of the said service of ten years; be deemed to have been appointed in the trained graduate grade. In the year 1990 the seniority list was published by the institution showing the petitioners to be junior to the respondents no. 4 to 8 hence objections were filed against the aforesaid seniority list by the petitioners. The committee of management submitted a proposal for promotion of respondents no. 4 to 8 along-with other teachers as lecturer. Since objection of the petitioners remain pending hence writ petition No. 34698 of 2001 was filed, which was finally disposed off by order dated 8.11.2001 with the direction that the dispute regarding seniority should be decided by the committee of management within a period of three months. Thereafter, the persons aggrieved would have right to file an appeal before the Joint Director of Education and the promotions made should be subject to the decision of committee of management and Joint Director of Education in appeal. Thereafter, the committee of management after hearing the parties, concerned decided the question of seniority against the petitioners. Being aggrieved by the decision of committee of management an appeal was preferred by the petitioners before the Joint Director of Education, Kanpur Region, Kanpur. The Joint Director of Education after hearing the parties concerned including the committee of management reserved the order on 10.2.2003. In the meantime, writ petition No. 11098 of 2003 was filed before the High Court by the respondents no. 4 to 8 in which interim order was passed. Finally the writ petition was dismissed on 14.12.2005 with observation that the respondents no. 4 to 8, who were petitioners in that writ petition should await the decision of the Joint Director of Education. After dismissal of the writ petition the Joint Director, Education fixed 4.2.2006 for further hearing of the matter. After hearing the parties the Joint Director of Education by order dated 5.4.2006 accepted the claim of the respondents no. 4 to 8 and rejected the claim of the petitioners for their seniority on the ground that since respondents no. 4 to 8 have regularised in L. T. Grade and petitioners have been regularised in C. T. Grade and since L. T. Grade is higher grade, therefore, respondents no. 4 to 8 should be treated senior to the petitioners.;