- (1.) Petitioner. Ishwar Singh Tomar, lecturer of K. H. R. Inter College, Khampur, Lohari, District Meerut (hereafter called the 'College') has filed the present writ petition for challenging the order dated 7-6-86 (annexure 28 to the writ petition) passed by the "District Inspector of Schools, Meerut (hereafter called as the 'Inspector') he has also prayed for issue of an order for treating him as senior to Respondents 2 and 3.
(2.) The question involved in the writ petition is that the seniority. According to the Petitioner, he is senior to Respondents 2 and 3, namely, Mahavir Singh and Jai Bhagwan Sharma respectively. On that basis, the petitioner claims that he is entitled to be appointed as officiating Principal of the College whereas the Inspector by the impugned order has held that between petitioner and Respondents 2 and 3, Respondent No. 3 Jai Bhagwan Sharma was the senior most lecturer while Respondent No. 2 was the next senior and the petitioner was the third and last senior most lecturer of the College amongst the three persons.
(3.) The brief facts, which are involved in the present case, are that on 4-7-70 a Selection Committee met and it selected the petitioner for appointment as lecturer of Chemistry on the basis whereof petitioner was appointed and he, ultimately, joined as lecturer on 8-7-70. This fact has, however, been disputed by Respondent No. 2. Respondent No. 3 has not contensted the writ petition. Thereafter, on 11-8-70, the Selection Committee met and it Selected Respondents 2 and 3 as lecturers of Hindi and Maths respectively. With effect from that date Respondents 2 and 3 were appointed in the College on their respective posts. On 20-1-71 the petitioner resigned from his post as Chemistry lecturer and sought employment in a Degree College where he bad worked between 21st January, 1971 and 30th April, 1971. Petitioner is said to have been confirmed on the post of lecturer by the resolution of the Committee of Management passed on 8-7-71. The Inspector by order dated 3rd November, 1970 (annexure 5 to the writ petition) accorded approval for appointment of the petitioner and Respondents 2 and 3, The name of the petitioner occurs at serial No. 2 whereas the name of Respondent No. 2 occurs at serial No. 1 and that of Respondent No. 3 occurs at serial No. 16 in the order of approval of the Inspector. In the said order the Inspector directed the management to issue appointment letters and send a copy thereof to the Inspector. It was further directed by the Inspector that in case any appointment order had earlier been issued, the same may be cancelled and fresh appointment orders may be issued. The date of birth of the petitioner is 25-7-1949, of Respondent No. 2 it is 15-1-1943 and that of Respondent No. 3 is 10-1-1942.;