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 therewith are as under.
(2.) 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 Sari 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 promotes and the direct appointee (Shri Ram Ekbal Singh) to join the college. Three promotes 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 Rain Ekbal Singh, their approval was not with effect from the date of promotion.
(3.) After the retirement of the Principal of the College on 30-6-1986. one of the three promotes namely Shri Surya Narain Mishra was treated as senior by the Management of the College and was accordingly promoted by it as ad hoc 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 promotes senior to Shri Ram Ekbal Singh. Against this order, Shri Ram Ekbal SiDgh 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 regular Principal of the College on the basis of selection by Secondary Education Service Commission and had also retired on 30-6-1992.;