R.A. Sharma, J. - (1.) DISPUTE relating to seniority between Shri Sabhajeet Dubey and Shri Ram Ekbal Singh, who are lecturers in an Intermediate College, had led to several rounds of litigation, detail of which as well as the relevant facts in connection there with are as under. On 19.7.1964, Committee of Management of Janta Inter College, Barsathi, District Jaunpur (hereinafter referred to as the College), promoted three teachers of its College namely Shri Surya Narain Mishra, Shri Raja Ram Singh and Sri Sabhajeet Dubey (hereinafter referred to as Dubey), to the grade of Lecturer. On the same day Shri Ram Ekbal Singh was also appointed by direct recruitment as a Lecturer. On 20.7.1964, the Management sent the papers to the District Inspector of Schools (hereinafter referred to as D.I.O.S.) for his approval of all four appointments. In anticipation of the approval, the Management permitted the three promotees and the direct appointee (Shri Ram Ekbal Singh) to join the College. Three promotees including Dubey accordingly joined the College on 20.7.1964 but Shri Ram Ekbal Singh joined on 25.7.1964. The D.I.O.S. vide his order dated 30.7.1965, approved the appointment of Shri Ram Ekbal Singh with effect from the date of his appointment. By the same letter D.I.O.S. asked for further information regarding the promotion of the three teachers including Dubey. Ultimately, on 1.9.1965, D.I.O.S. approved the promotion of the above three teachers also, but unlike the case of Shri Ram Ekbal Singh, their approval was not with effect from the date of promotion.
(2.) AFTER the retirement of the Principal of the College on 30.6.1986, one of the three promotees namely Shri Surya Narain Mishra was treated as senior by the Management of the College and was accordingly promoted by it as adhoc Principal of the College. This was challenged before this court by Shri Ram Ekbal Singh by means of writ petition No. 10976 of 1986 which was disposed of with a direction to the Committee of Management to decide the question of seniority afresh. In view of the direction of this court, the Committee of Management vide its order dated 30.5.1987 decided the dispute holding promotee as senior to Shri Ram Ekbal Singh. Against this order, Shri Ram Ekbal Singh filed an Appeal which was allowed by D.I.O.S. vide order dated 6.6.1988. Against this order of D.I.O.S. Dubey filed a writ petition No. 24315 of 1988. Against the same order Shri Raja Ram Singh also filed a writ petition No. 19031 of 1991 Shri Raja Ram Singh was however appointed as a Principal of the College on the basis of selection by Secondary Education Service Commission and had also retired on 30.6.1992. The D.I.O.S. in the meantime by his order dated 22.4.1992, directed the Committee of Management of the College to place the name of Shri Ram Ekbal Singh as first in the seniority list of Lecturers. Against this order Committee of Management filed a writ petition No. 18202 of 1992 in which the operation of the above order dated 22.4.1992 was stayed. The D.I.O.S. vide another order dated 21.7.1992 required the Management of the College to implement the order dated 22.4.1992. Against this order also management of the College filed a writ petition No. 32047 of 1992.
(3.) AFTER retirement of Shri Raja Ram Singh, the Committee of Management appointed Dubey as Principal of the College but as his signature was not being attested by the D.I.O.S., he filed a writ petition No. 42142 of 1992 for direction for attestation of his signature as Principal of the College. The writ petition has been dismissed giving rise to two Special Appeals Nos. 880 of 1993 and 960 of 1993 filed by Dubey and Committee of Management of the College respectively.;