Ravi S. Dhavan J. - (1.) THE petitioner, Chandra Bhal Mishra, is at present a lecturer at the Balbhadra Intermediate College. Pali Subashpur, District Jaunpur He had joined this institution in the lecturer's grade in Economics on 20 August, 1958 It was a substantive appointment. THE petitioner was confirmed on the said post with effect from 1 July, 1959.
(2.) IT Is not in issue that between the period 1 October, 1963 and 5 August, 1965, the petitioner did not work at the aforesaid institution. He had himself transferred to the Municipal Higher Secondary School at Jaunpur. This transfer from one institution to another was voluntary and at the request of the petitioner. The grounds for the petitioner changing his place of work was that he was not well and that the Municipal Higher Secondary School was nearer to his residence and that his ill health did not permit him to carry on his duties; at the Balbhadra Intermediate College, Jaunpur The petitioner had sought leave from his Institution. While working with the Municipal Higher Secondary School, IT is also not an issue that the petitioner's services were confirmed against a substantive post. It appears that the petitioner had second thoughts and wanted to make a return to his original place of working that is the Balbhadra Intermediate College. The Municipal Higher Secondary, Jaunpur had no objection in releasing him and likewise Balbhadra Intermediate College, Jaunpur had no objection to the petitioner returning to the institution. On this, there are also no issue between the parties. On return to Balbhadra Intermediate College, Jaunpur the petitioner took recourse to having his seniority settled. On this matter he found a rival in the respondent, Adya Prasad Singh, also in lecturers grade at the Balbhadra Intermediate Colllege, Jaunpur. It was bis contention, broadly speaking, that once the petitioner had accepted a substantive post at another institution and was absent from the Balbhadra Intermediate College for two years, the advantage of this circumstance in the respondent becoming senior, in the absence of the petitioner, could not be denied to him.
(3.) THE petitioner resisted the claim of Adya Prasad Singh, respondent No. 2 In being considered senior THE committee of management, before whom the dispute was taken declared the petitioner Chandra Bhai Mishra as senior by its order dated 12 April, 1983. Adya Prasad Singh, respondent No. 2 was aggrieved by this order and be filed an appeal before the District Inspector of Schools, Jaunpur under the Intermediate Education Act, 1921, Chapter-2, Clause-3 (A).;